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Home My WebLink AboutAGENDA BACKUP 05-19-94 ~ Centra. ~g~~~ g~~~R~~~:,a~~ .listrict PAGE 1 oF2 POSITION PAPER BOARD MEETING OF May 19, 1994 NO. 3. CONSENT CALENDAR b. May 9, 1994 SUBJECT DATE QUITCLAIM SEWER EASEMENT TO JAMES A. ORNELLAS, ET UX, JOB NO. 3220 ALAMO AREA TYPE OF ACTION PPROVE QUITCLAIM F EASEMENT SUBMITTED BY INITIATING DEPT.lDIV. er ISSUE: Mr. and Mrs. Ornellas, owners of Lot 51 of Subdivision 4879, have requested that the District quitclaim the subject easement. BACKGROUND: The subject easement was granted in 1979 at no cost to the District to provide public sewer service to Subdivision 4879. In late 1993, the Ornellas' requested that the District allow the construction of a new garage partially over the subject sewer easement. District staff reviewed their request and decided against the proposed encroachment. Instead, staff required that a portion of the sewer be relocated to be clear of the new garage. The Ornellas' agreed to this requirement and have since completed the sewer relocation. They have also granted a new easement for the relocated sewer. The subject easement is no longer needed. This project has been evaluated by staff and determined to be exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 18.6, since it involves a minor alteration in land use limitations. RECOMMENDATION: Approve Quitclaim Deed to Mr. James A. Ornellas, et ux Job Nos. 3220, authorize the President of the District Board of Directors and the Secretary of the District to execute said Quitclaim Deed and authorize the Quitclaim Deed to be recorded. INITIATING DEPT./DIV. ,IQ.( !It{ REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/85 DH JSM RAB _ ._..___.,~..____._...".m".'____~__'__'_"~"_'______'__,_____~__,_,.___..__._.___.___".____._..._..._..,__.__.---------...--------..'.-.-..-.-.------.-~--,"----..."--.-..-.-~--"----.--._-- I. !8~4 \ l<} "'I '.J \ ..., \ I I \ I I I I I~ Ie ~ ~ I~ I~ ~ ~ ~~ ~1 ::l ~~ hi) .~ S::> ~N !Qio '<: ""~ , .t;jc::i ~ i5~ C) .~~ I ~ ........., :t to., -.. ~- ~ - ~ ~"!'28"1V I 3- IT - - - "30."2' ---~~ - - =--.::::. -- I I I it .: ... 1IJf') ~ 0........ ....... .fllt.' '~!6 (fJ 9 ~..~ r1t'~o..~~ r ...: ~'iI . ~ I ~ t'() ~~ I t;) K C) .........., ti) '\' ......., i" ~ ~ <.)' ~I- q;~ E~ SCI) 0: ~ ~ i'() ;:s (.I") ~ & ........., ~~ ,'If ~ ~!I\ Nt\; ~~ Central ConIra Costa Sanitary District I QUITCLAIM SEWER EASEMENT JOB 3220 ALAMO AREA SHEET 2 2523-9/88 ~ Centra. ~~~~~ g~s~~R~~~ba~~ Jistrict PAGE 1 0 POSITION PAPER BOARD MEETING OF May 19, 1994 NO. 3. CONSENT CALENDAR c. May 9, 1994 SUBJECT DATE AUTHORIZATION FOR P.A. 94-3 (MARTINEZ) AND P.A. 94-4 (MARTINEZ) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT TYPE OF ACTION CCEPT ANNEXATION OR PROCESSING SUBMITTED BY INITIATING DEPT./DIV. Parcel Owner/Address Lead No. Area Parcel No. & Acreage Remarks Agency 94-3 Martinez W. Mozelle Marcos Existing house with a CCCSD (10A6) 4320 Alhambra Way failing septic system; Martinez, CA 94553 must connect to the 162-241-001 public sewer system. (0.72AC.) Project is exempt from CEOA. 94-4 Martinez P.A. Kinder Existing house with a CCCSD ( 1 OB6) 3050 Hampton Rd. failing septic system; Martinez, CA 94553 must connect to the 162-100-007 public sewer system. (1.68AC.) Project is exempt from CEOA. Recommendation: Authorize P.A. 94-3 and 94..4 to be included in a future formal annexation. INITIATING DEPT./DIV j//f Wfj; REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/85 DH JSM RAB . ~ c -, I I "'..:.-/ 1 f ,I -- - '.-/ ---- - s U 5 B o ~ ..... -- PROPOSED ANNEXATION P .A. 94-3 11.\\ '~ '\1.\" .' '\~^ )c ~"~~ \\\,,\\ '~~ '~"A ST . "'~'.'GlE';"V~ "..~UJ 'Zt,..':';~l.~ . r -- , 'It \.\ \ ~ " " ~\ \_. \\\\\~ ;I.~ ~ """'-4..'1>' .:' "",~ .\ ~" ~'" ~147- f( ''- ~ .\ ~ '\ N ~ ,\ \ ~Q' ~VlSTA,CIll:" ~... ~~ ~ \ ....d"X \,' ,\\\ ~ ~ ~~ · [!; I~ VFTERAN$. -- ..... 4 !. ,~ ~ :y ~ .\,\""\' . ~~ ~~ NFAJRS ~ .........~ . ~ ~~\. ~ 4'\~:\.\ ~l:o~ "'\&)Y~'~ Q~A\. ~~~~~7l'II ..-Jjil1! ~:~_~ ~ ~ ~ \: . ~\G~W~ \~ \\\\\ ~~~tV ~ ~" m"':"~" }-- '3:..~ , ~~.' .. ).... 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':~ij.." ~ \\ ~ ~\, ....... \~~, \ ~~\ \~ ~~~ ~~ ~ I l\ ,\ ~ ~r\~.'" \ ~ ... 1\, l'i . .\ ~~W~!f': '. 1: ~ "?~. ~ /- ~ < t--~ ,.~ ~" ~~.~ ~ ......./.\,. . ..~ ." ~ <':~:~~:~:;!. ~ .. ,. iI-" 0 ,,/;<. <!!;/?~.. ~-f~ ." 't#($t~';'tiiif~i*;;;it:~~'~': ,,'\ ~ ,~ .... T""'T '~'. .' , ~..' .]jO"" 0;-' ~ ". &9.-~?i . :... :.$.........~. ~. .'~ . :'0. ,. :::::::::::~ ::\:\~: 1L r 1'1 . :.:.:.:.~::.:.:...::.:.:.. .. ..~~~:~:::::::::... ~:;:;:"::;";.::::::::::.:.'-> % Wl~~i\t :~k~l: \~ \Ril .\" " .\ ~ PROPOSEDANNE~ATION P.A. 94-4 __ '..___________~.,____~_.______.______"_~.~_'__.._.___.~,_~__.._,_~._.~_._.......__,,_.__.M~___.'._.. Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 31 BOARD MEETING OF May 19, 1994 NO. 4. HEARINGS a. CONDUCT A PUBLIC HEARING ON THE PROPOSED CHANGES TO THE CURRENT SCHEDULE OF RATES AND CHARGES AND ADOPT AN ORDINANCE APPROVING THE FEE SCHEDULE EFFECTIVE JULY 1, 1994 DATE MAY 17, 1994 SUBJECT TYPE OF ACTION CONDUCT PUBLIC HEARING AND ADOPT ORDINANCE SUBMITTED BY INITIATING DEPT.lDIV. Steven A. Elsberry, Accounting Supervisor Administrative/Finance & Accounting ISSUE: A public hearing is required to obtain public comments on the proposed changes to the current schedule of rates and charges, effective July 1, 1994. BACKGROUND: Chapter 6.30 of the District Code describes various fees assessed for services provided to contractors, developers, and other users of the District's wastewater collection and treatment system. These fees are intended to reimburse the District for labor and operating expenses incurred in providing the services. The fees are reviewed annually, alternating between a detailed analysis of each fee and adjusting the rates for the effect of any across-the- board salary increase for that year. At the June 1992 rate setting, the Board decided that the rates and charges should include 75 percent of administrative overhead phased in over three years at 25 percent each year. The current review includes the final 25 percent increment of administrative overhead. The report of the analysis of the fees is included as Attachment II and the current and proposed rates are summarized as Attachment I. A change in the methodology of calculating Class I and II Industrial Permit Fees is being finalized and, as indicated in Attachment I, will be presented to the Board at a later date. As indicated in Attachment I, staff proposes that two fees be reduced by 56.5 and 31 percent and one fee be increased by 15.6 percent. All other fees are proposed to be increased between 2.1 and 9.1 percent. The proposed revised schedule of rates and charges was distributed to representatives of the Building Industry Association of Northern California, the Engineering and Utilities Contractors' Association, and the Association of General Contractors which provided an opportunity for comments and questions to be directed to District staff prior to the public hearing. The District's proposed schedule of rates and charges is presented in comparison with similar fees of neighboring sanitary districts on Attachment III. RECOMMENDATION: Conduct a public hearing on the proposed schedule of rates and charges, approve the proposed schedule of rates and charges, and adopt an ordinance to implement the new schedule effective July 1, 1994. REVIEWED AND RECOMMENDED FOR BOARD ACTION SE DR PM dA 1302A-7/91 CENT .L CONTRA COSTA SANITARY 01, RICT RATES AND CHARGES Attachment I Page 1 of 4 CURRENT PROPOSED % CATEGORY RATES RATES CHANGE (A) DEVELOPMENT & PLAN REVIEW (A-1 ) Development Review and 2 Preliminary + 1 $1.20/ft 3.5% of est. 6.1 Final Plan Reviews cost Basis for Determining Estimated Construction (None) $41/ft. Costs Minimum Fee $429 $600 (A-2) 3rd & Add'l Preliminary Reviews $45 each $48 each 6.7 (A-3) 2nd & Add'l Final Reviews $67 each $71 each 6.0 (A-4) Building Plan Review $23 $10 -56.5 (B) CONSTRUCTION INSPECTION (B-1) Mainline Inspection See Table See Table A-1 A-1 (B-2) lateral, House Connection, Side Sewer Repair $72 each $77 each 6.9 > 10ft, Alteration, Manhole Alteration, Sewage Pump, Grease Interceptor, lateral Abandonment, and Sewer Tap Inspection (B-3) Side Sewer Repair Inspection < 10ft $11 each $12 each 9.1 (B-4) Overtime Inspection $58/hr $63/hr 8.6 Weekend/Holiday (4-t-,r min) $232 $252 (B-5) Overtime Inspection Credit See Table See Table A-2 A-2 (B-6) Manhole or Rodding Inlet Inspection $352 each $407 .each 15.6 CEN1. _ "L CONTRA COSTA SANITARY DL RICT RATES AND CHARGES Attachment I Page 2 of 4 CURRENT PROPOSED % CATEGORY RATES RATES CHANGE (C) COLLECTION SYSTEM (C-1 ) Initial TV Inspection: Overtime $135/hr $146/hr 8.1 Weekend/Holiday (4-hr min) $540 $584 (C-2) Overtime Credit $0.25/ft $0.27/ft 8.0 (C-3) TV Rerun $195 + $200 + 2.6 $95/hr $103/hr 8.4 Weekend/Holiday (2.5-hr min) $432.50 $458 (C-4) TV Overtime Rerun $195 + $200 + 2.6 $135/hr $146/hr 8.1 Weekend/Holiday (4-hr min) $735 $784 (C-5) Multiple TV Inspection Actual Actual Expense Expense (C-6) Sewer Tap Actual Actual Expense Expense (C-7) Dye Test $ 84 each $ 89 each 6.0 (C-8) Collection System Repair Actual Actual Expense Expense (C-9) TV Inspection: Noncancellation $1 90 each $206 each 8.4 (C-10) Lateral Abandonment Actual Actual Expense Expense (D) RIGHT OF WAY (0-1 ) Segregation of LID Assessment $47/parcel $48/parcel 2.1 (0-2) Process Quitclaim Deeds $40/hr $43/hr 7.5 (3-hr min) $120 $129 (0-3) Process Real Property Agreement Actual Actual Expense Expense CENTRAL CONTRA COSTA SANITARY DIS fRICT RATES AND CHARGES Attachment I Page 3 of 4 CURRENT PROPOSED % CATEGORY RATES RATES CHANGE (E) MISCELLANEOUS . (E-1 ) Engineering - Private Sewer Projects Actual Actual Expense Expense (E-2) Soil Evaluation - Private Sewer Projects Actual Actual Expense Expense (E-3) Surveying $143/hr $152/hr 6.3 (F) INDUSTRIAL PERMIT FEES (F-1 ) Class I & II Fees [TO BE PRESENTED AT A LATER DA TEl (F-2) New Industry Permit Fee Actual Actual Expense Expense (F-3) Special Discharge Permit Fee - No On-site Inspection $46 each $48 each 4.3 - On-site Inspection $251 each $268 each 6.7 (F-4) Class III Fee $240 each $256 each 6.7 (G) SEPT AGE DISPOSAL (G-1 ) Annual Permit Fee $1125 each $1200 each 6.7 (G-2) Residential Septic/Toilet Waste < 2000 gallons $12.75 + $13.75 + -31 .4 $0.146/gal $0.097/gal > 2000 gallons $44.25 + $43.50 + -30.2 $0.146/gal $0.097/gal (G-3) Restaurant Grease Waste < 2000 gallons $12.75 + $13.75 + 8.6 $0.011/gal $0.012/gal > 2000 gallons $44.25 + 43.50 + 2.5 $0.011/gal $0.012/gal ADS/PosPaper #3/RecRates.1 TABLE A-I Attachment I Page 4 of 4 MAINLINE INSPECTION Length(Ft) Current Rate Proposed Rate 0- 100 $340 + $3.35 1ft $365 + $3.55 1ft 101 - 200 $400 + $2.75 1ft $430 + $2.90 1ft 201 - 300 $500 + $2.25 1ft $520 + $2.40 1ft 301 - 400 $620 + $1.85 1ft $655 + $1.95 1ft 401 - 500 $740 + $1.55 1ft $775 + $1.65 1ft 501 - 600 $840 + $1.35 1ft $875 + $1.45 1ft 601- $900 + $1.25 1ft $965 + $1.30 1ft TABLE A-2 OVERTIME MAINLINE INSPECTION CREDIT Total Project Overtime Overtime Hours Credit (Rrs). < 4 1 > 4 but < 8 2 > 8 but < 16 4 > 16 but < 32 6 >32 8 * To compensate the contractor for the straight-time portion of inspection time included in the Mainline Inspection Fee. Attachment" Page 1 of 14 Central Contra Costa Sanitary District RATES AND CHARGES REVIEW A. Development and Plan Review Fees 1 . Development, preliminary and final reviews a. Description - These fees are intended to reimburse the District for the cost of reviewing a developer's project concepts, including a limited assessment of the effect on sewer capacity. The District recognizes three categories of plan review services as follows: · Development review, and two preliminary and one final plan review · Third and subsequent preliminary plan reviews . Second and subsequent final plan reviews District staff reviews the developer's sewer plans to ensure that the design meets the criteria established in the District's Standard Specifications. Comments on designs are made with the intent that all required changes are completed prior to the time construction commences. b. Current Fees Development review, and two preliminary and one final plan review $1.20/ft ($429 min) Third and subsequent preliminary plan reviews Second and subsequent final plan reviews $45 each $67 each c. Discussion - Staff recommends that the basis for calculating the plan review fee be changed from "per foot of pipe" to a "percent of construction cost." The percent of construction cost basis is a more conventional means of calculating and expressing the plan review fee. Engineering fees or costs are typically stated as a percentage of construction costs. The recommended basis of 3.5 percent of the estimated cost of the sewer construction is a 6.1 percent increase over the current fee of $1.20 per foot of pipe. The recommended basis of 3.5 percent is an accurate reflection of actual data over a three-year period. Staff also recommends that the Board adopt a standard for calculating the estimated cost of sewer construction. This standard is $41 per foot of pipe and is based on construction costs of projects completed by developers over the past three years. This figure will Attachment II Page 2 of 14 be multiplied times the length of pipe in a particular project to obtain the estimated sewer construction cost. The estimated cost will then be multiplied by 3.5 percent to obtain the plan review fee. Based on cost data from the past three years, it is also appropriate to establish a minimum plan review fee of $600. d. Recommended Fees Basis for determining estimated construction cost Third and subsequent preliminary plan reviews Second and subsequent final plan reviews 3.5% of estimated cost of project ($600 min) $41/ft. $48 each $71 each Development review, and two preliminary and one final plan review 2. Building Plan Review Fee a. Description - This fee is intended to reimburse the District for the expense of reviewing plans which are prepared for the purpose of obtaining building permits. District staff reviews these plans for encroachments on easements, required sewer work outside of buildings and payment of fees to the District. b. Discussion - This fee was originally based on one-half hour of staff time but subsequent review reveals that only a few minutes is required. In addition, the fee originally included $5 to be reimbursed to the agencies who issue building permits for their efforts in coordinating the building plan review process. However, since formal agreements with these agencies have not been obtained, this portion of the fee will be deleted. c. Current Fee - $23 per review. d. Recommended Fee - $10 per review. B. Construction Inspection Fees 1 . Mainline Inspection a. Description - This fee is intended to reimburse the District for the expense of conducting field inspections of developers' sewer installation projects. Included in the Mainline Inspection Fee is the expense of the initial T.V. inspection. Attachment II Page 3 of 14 b. Current Fees Proiect Lenath (Feet) lli 0-1 00 $340 + $3.35/ft 101-200 400 + 2.75/ft 201-300 500 + 2.25/ft 301-400 620 + 1.85/ft 401-500 740 + 1.55/ft 501-600 840 + 1.35/ft 601 and above 900 + 1.25/ft Table A-1 c. Discussion - A review of developer projects completed in 1993 indicates that inspection fees collected exceeded the costs of inspections by only $761 or two percent. Therefore, it is recommended that the current fees be adjusted only to reflect the addition of the final 25 percent increment of Administrative overhead. Proiect Lenath (Feet) lli 0-1 00 $365 + $3.55/ft 101-200 430 + 2.90/ft 201-300 520 + 2 AO/ft 301-400 655 + 1.95/ft 401-500 775 + 1.65/ft 501-600 875 + 1 A5/ft 601 and above 965 + 1 .30/ft d. Recommended Fees Table A-2 2. Lateral, House Connection, Side Sewer Repair Over Ten Feet, Alteration, Manhole Alteration, Sewage Pump, Grease Interceptor, Lateral Abandonment, and Sewer Tap Inspection _ _ __...._.___.._.,."__,~_,.._._.."_.~_._~___.._____._~_._"__.,.,_._.._.._,,_.____.,..._,.__..._~_..._"..~.__"., _.____._",."_~_~.__.,.__... m_ ___ .._. Attachment II Page 4 of 14 a. Description - This fee is intended to reimburse the District for the expense of conducting inspections of the following: installation of a private lateral or house connection into a mainline or manhole, a side sewer repair with more than ten feet of lateral being replaced, a side sewer alteration, an installation of a sewage pump, grease interceptor, or sewer tap, or abandonment of a private lateral. b. Current Fee - $72 for each inspection c. Discussion - These inspections normally require an average of 1-1/2 hours to complete, and there is no anticipated change in this requirement. Therefore, it is recommended that the current fee be increased by the final 25 percent increment of Administrative overhead and District-wide salary increase. d. Recommended Fee - $77 for each inspection. 3. Side Sewer Repair Inspection, Under Ten Feet a. Description - This fee is intended to reimburse the District for the expense of conducting an inspection of a side sewer repair. If more than ten feet of lateral is replaced, a side sewer alteration permit is required. b. Current Fee - $11 for each inspection c. Discussion - This fee is intentionally set at a low level to encourage homeowners and businesses to obtain a permit for inspection of repairs. It is recommended that the fee be minimally increased. d. Recommended Fee - $12 for each inspection 4. Overtime Inspection and 5. Overtime Inspection Credit a. Description - The Overtime Inspection Fee is intended to reimburse the District for the expense of providing a District inspector for a private sewer project after 4:30 p.m. on normal work days, or on weekends or District holidays. A contractor may request overtime inspection to complete an installation by working late or for an emergency repair. The overtime inspection credit policy was established as a response to contractors claiming that they were being billed twice when ___.~,__._____....___...__..___,_._.___..".~__._.m_._."^_.__._."..______._.^_.~._....__.____..~_._.__._,....._______. _d~_.__.____"._.__.._____"_ Attachment II Page 5 of 14 overtime was charged. Because a contractor has already paid for a certain number of inspection hours in the mainline inspection fee, a credit is applied against full overtime fees charged. b. Current Fees Overtime Inspection $ 58 per hour Weekends & Holidays (4 hour minimum) $232 Overtime Credit (See Table below) Total Proiect Overtime Credit (Hours) Overtime Hours 4 or less 1 >4 and s8 2 > 8 and s 1 6 4 > 16 and s 32 6 greater than 32 8 Table B c. Discussion - The Overtime Inspection Fee, which is directly related to overtime hours spent, is recommended to be increased by the final 25 percent increment of Administrative Overhead. d. Recommended Fees Overtime Inspection $ 63 per hour Weekends & Holidays (4 hour minimum) $252 Overtime Credit No change 6. Manhole or Rodding Inlet Inspection a. Description - This fee is intended to reimburse the District for the expense of conducting an inspection of the installation by a private Attachment II Page 6 of 14 contractor of a new manhole or rodding inlet on an existing sewer line. b. Current Fee - $352 for each inspection c. Discussion - Based on the inspections completed in 1992-93 and 1993-94, staff has determined that the current cost is' $407 per inspection. d. Recommended Fees - $407 for each inspection. C. Collection System Fees 1 . TV Inspection fees a. Description - The District's Collection System Operations Department performs a televised inspection of all new sewer lines to verify the interior condition prior to final acceptance by the District. A variety of tasks are required, each of which has a fee: . Initial TV Inspection Overtime . Overtime Credit . TV Inspection Rerun . TV Inspection Rerun Overtime . Multiple TV Inspection Surcharge The cost of the initial TV inspection is included in the mainline inspection fee but the additional fees listed above are not included. The initial TV overtime fee is intended to reimburse the District for the expenses involved when performing the initial TV inspection after 4:30 p.m. on normal work days, or on weekends or District holidays. Because a contractor has already paid for a certain number of hours of TV inspection in the mainline inspection fee, a credit is applied against full overtime fees charged. The TV inspection rerun fee is intended to reimburse the District for the expense of reinspecting portions of new sewer lines to confirm that necessary corrective work identified during initial TV inspections has been properly performed. The TV inspection rerun overtime fee is intended to reimburse the District for the expense of performing TV inspection reruns after 4:30 p.m. on normal work days or on weekends or District holidays. Attachment II Page 7 of 14 The multiple TV inspection surcharge is charged to a contractor when that contractor chooses to split the TV inspection into several small segments. The fee is determined by CSO by comparing the total expense of inspecting the individual segments with the expense of inspecting the project as a whole. b. Current Fees Initial TV - Overtime Weekends & Holidays (4 hour minimum) Overtime Credit TV Rerun (2 1/2 hour minimum) TV Rerun - Overtime Weekends & Holidays (4 hour minimum) Multiple TV Inspection Surcharge $135 per hour $540 minimum $0.25 per foot $195 + $95 per hour $432.50 minimum $195 + $135 per hour $735 minimum Based on Actual Expenses c. Discussion - TV inspection expenses were determined to be $103 per hour as follows: Use $ 69.47/hour $ 16.02/hour 1 6. 50/hour $102.82/hour .$ 1 03.00/hour labor and Benefits Administrative Overhead Equipment & Supplies When overtime premium is included in the above labor expenses, the TV inspection overtime rate becomes $146 per hour. A credit based on the TV inspection expense rate of $103 per hour times the production rate for a TV inspection crew is applied to the overtime charges. The current production rate is below historic levels due to fewer and smaller jobs as a result of the current slowdown in the building industry. Therefore, the historic production rate of 0.0026 hr/ft has been used to produce a credit of $0.27 per foot. The number of TV inspection reruns has been drastically reduced as a result of the current low level of construction activity. It is recommend that the current TV inspection rerun fees be increased by the final 25 percent increment of Administrative Overhead and District-wide salary increase. , .~."-......__..__.~-------_...__._-----~,~---.._-- d. Recommended Fees Initial TV Inspection- Overtime Weekends & Holidays (4 hour minimum) Overtime Credit TV Inspection Rerun (2 1/2 hour minimum) TV Inspection Rerun - Overtime Weekends & Holidays (4 hour minimum) Multiple TV Inspection Surcharge 2. Sewer Tap Attachment II Page 8 of 14 $146 per hour $584 maximum $ 0.27 per foot $200 + $103 per hour $458.00 minimum $200 + $146 per hour $784 minimum Based on Actual Expenses a. Description - This fee is intended to reimburse the District for the expense of cutting into the existing main line and installing a saddle connection when there is no other way to connect a new lateral. b. Current Fee - Actual expenses. c. Discussion - Normally, private contractors install the sewer taps in their projects with the District inspecting and approving the final results. In the event that a District crew installs the tap, the actual expenses will be tabulated and billed to the contractor. No change is anticipated in the current method of determining and billing for the cost of sewer tap installations. 3. Dye Test a. Description - This fee is intended to reimburse the District for the expense of confirming whether or not a property is connected to the public sewer. Dye tablets are added to the property's interior plumbing fixtures and the public sewer main downstream is checked for evidence of the dye. b. Current Fee - $84 per test. c. Discussion - The Dye Test Fee is based on one hour of District labor expense of a two-member crew, plus equipment and supply charges. d. Recommend Fee - $89 per test. Attachment II Page 9 of 14 4. Collection System Repairs a. Description - This fee is intended to reimburse the District for the expense of repairing damages to the public sewer by private contractors or other agencies. b. Current fee - The actual expense of repairing the damages is tabulated for each instance and billed to the firm or agency that caused the damages. c. Discussion - No change is anticipated in the current method of determining and billing for the expense of sewer repairs. 5. TV Inspection Noncancellation a. Description - This fee is intended to reimburse the District for lost time when a contractor fails to cancel a scheduled TV inspection and a CSO crew arrives at the site and cannot perform the work. b. Current Fees - $190 per instance. c. Discussion - These fees are based on two hours of TV crew time. d. Recommended Fees - $ 206 per cancellation. 6. Lateral Abandonment a. Description - This fee is intended to reimburse the District for the actual expenses of disconnecting and plugging abandoned private laterals in order to reduce infiltration and inflow. b. Current Fee - Actual expenses. c. Discussion - Normally, the District contracts with private contractors to provide abandonment services. In the event that a District crew provides the services, the actual expenses are billed. No change is anticipated in the current method of determining and billing for the cost of lateral abandonments. D. Right-of-Way 1 . Segregation of LID Assessment Attachment II Page 1 0 of 14 a. Description - This fee is intended to reimburse the District for the expense of researching and establishing the apportionment of an LID assessment to newly created parcels, when a parcel with an LID assessment is divided. b. Current Fee - $47 per parcel c. Discussion - This fee is based on the average time required by the District's Real Property Specialist, and it is recommended that the fee be increased by the final 25 percent increment of Administrative Overhead. d. Recommended Fee - $48 per parcel. 2. Processing of Quitclaim Deeds a. Description - This fee is intended to reimburse the District for the expense of preparing a legal description and Right-of-Way map for public sewer easements which are no longer required by the District. b. Current Fee - $40 hour c. Discussion - This fee is based on the District's Real Property Specialist's time and it is recommended that the fee be increased by the final 25 percent increment of Administrative Overhead. d. Recommended Fee - $43 per hour. 3. Preparation and Processing of Agreements Relating to Real Property a. Description - This fee is intended to reimburse the District for the expense of researching and processing agreements with a property owner desiring to encroach into a District easement for any use not permitted by the District's Standard Specifications. b. Current Fee - The actual costs of staff time and materials related to researching and processing real property agreements are tabulated and billed to the property owner. c. Discussion - No change is anticipated in the current method of determining and billing for the costs related to real property agreements. Attachment II Page 11 of 14 E. Miscellaneous Fees 1 . Engineering for Private Sewer Projects, 2. Soils Evaluation for Private Sewer Projects, and 3. Surveying for Private Sewer Projects a. Description - These fees are intended to reimburse the District for the expense of providing engineering, soils evaluation, or surveying services to engineers, contractors or other public agencies upon request. b. Current Fees Engineering for Private Sewer Projects Soils Evaluation for Private Sewer Projects Surveying for Private Sewer Projects Actual Expense Actual Expense $143 per hour c. Discussion - These fees are based on actual District costs for each unique instance. It is recommended that the hourly rate for surveying be increased by the final 25 percent increment of Administrative Overhead. d. Recommend Fees Engineering for Private Sewer Projects Soils Evaluation for Private Sewer Projects Surveying for Private Sewer Projects Actual Expense Actual Expense $152 per hour F. Industrial Pretreatment Program 1. Class I and Class II Permit Fees (Formerly Industrial Permit Fees) (These will be presented at a later date.) 2. New Industry Permit Fee a. Description - This fee is intended to reimburse the District for the expense of reviewing proposed industrial discharges and processing new industrial discharge permits by the Source Control unit. b. Discussion and Current Fee - This fee is charged to a business that is being permitted for the first time and includes a review of its operations and preparation of a permit by the Source Control unit. A minimum fee of $500 is charged for this service. If District Attachment II Page 12 of 14 expenses exceed $500, the fee is increased to recover the actual expenses. It is recommended that this fee be unchanged. 3. Special Discharge Permit Fee a. Description - This fee is intended to reimburse the District for the expense of permitting, inspecting, sampling, and administering the District's Special Discharge Program. A special discharge can be from any approved source not normally connected to the District's sewer system. These discharges would normally be infrequent and the permit would be issued either for a one-time discharge or for a specified period, usually not to exceed one year. b. Current Fee Special Discharge Permit - No on-site inspection - On-site inspection $ 46 $251 c. Discussion - This fee is based on seven hours of Source Control staff time if a site visit is required, and 1 1/2 hours if a site visit is not required. It is recommended the fee be increased by the final 25 percent increment of Administrative Overhead. d. Recommended Fees Special Discharge Permit - No on-site inspection - On-site inspection $ 48 $268 4. Class III Permit Fee a. Description - This fee intended to reimburse the District for the expense of monitoring businesses that have wastewater volume and strength characteristics below levels that qualify for Class I or Class II industrial permits but that require monitoring by the District's Industrial Pretreatment Program. b. Current Fee - $240 c. Discussion - This fee is based on 7 1/2 hours of Source Control staff time which is required to visit and inspect facilities and prepare and verify certification. Attachment II Page 1 3 of 14 d. Recommended Fee - $256 per permit. G. Septage Disposal 1 . Annual Permit Fee a. Description - This fee is intended to reimburse the District for the expenses of administering the District's trucked waste program. b. Current Fee - $1,125 for each permit c. Discussion - This fee is based on the average staff time required each month to maintain the septage permit program as follows: Accountant Secretary II Source Control Coordinator Source Control Superintendent 5 hours 2 hours 1 0 hours 2 hours d. Recommended Fee - $1,200 for each permit. 2. Residential Septic and Portable Toilet Waste, and 3. Restaurant Grease Waste a. Description - These fees are intended to reimburse the District for the expense of processing trucked-in waste. b. Current Fees Residential septic and portable toilet waste - Less than 2,000 gal/truck - Greater than, or equal, to 2,000 gal/truck $12.75 + $0.146/gal $44.25 + $0.146/gal Restaurant grease waste - Less than 2,000 gal/truck - Greater than, or equal, to 2,000 gal/truck $12.75 + $0.011/gal $44.25 + $0.011/gal c. Discussion - These fees are based on the combination of fixed expense per truck and a volume charge for processing the waste. The fixed expense is based on the gate guard's time for processing the waste manifest and receipt forms, the plant operator's time for taking a sample, and, for trucks with a capacity of 2,000 gallons or Attachment II Page 14 of 14 more, the expense of analyzing the sample before the load is dumped. The volume charge is based on the expense of treating the waste based on average strength characteristics for a typical load over the last four years. The current expense for treating the waste was determined to be $.097/gallon for residential septic and portable toilet waste and $ .249/gallon for restaurant grease. The reduction of the expense for treating residential septic and portable toilet waste from $0.146/gal. to $0.097/gal. reflects a lower level of analysis currently required to monitor trucked waste. 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AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ADOPTING THE SCHEDULE OF OPERATION AND MAINTENANCE RATES AND CHARGES AND AMENDING DISTRICT CODE SECTION 6.30 WHEREAS, the Board of Directors of the Central Contra Costa Sanitary District finds that it is necessary to charge customers of the District and users of District services for the reasonable cost of providing said services; and WHEREAS, District staff has analyzed the cost of providing Operation and Maintenance Services, such as, but not limited to, the services of providing for annexations, permits, inspections, plan review, septage disposal, and industrial user fees; and WHEREAS, the Board finds that the Schedule of Rates and Charges for Operation and Maintenance Services provided by the District, as reflected in the Exhibit to this Ordinance, represents the reasonable cost of providing the services delineated within said Schedule of Rates and Charges; and WHEREAS, the Board of Directors finds that this action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15273 (a)(1) and (3) of the State CEQA Guidelines, in that the fees are being charged merely to reimburse the District for staff costs and expenses; THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District does hereby ordain as follows: Section 1. The fee for each of the Operation and Maintenance Services described in the Exhibit to this Ordinance, attached hereto and incorporated by reference, shall be as set forth therein. The rates and charges set forth in the attached Exhibit shall be codified in Chapter 6.30 of the District Code and said Schedule of Rates and Charges shall supersede the preexisting Schedule of Fees contained in the District Code on the effective date of this Ordinance. Said Schedule of Rates and Charges contained in the Exhibit shall remain in effect until amended by ordinance. Section 2. This Ordinance shall be a general regulation of the District and shall be published in the Contra Costa Times, a newspaper of general circulation, published and circulated within the Central Contra Costa Sanitary District and shall be effective as of July 1, 1994. PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 19th day of May, 1994 by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California Countersigned: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Aim District Counsel ADS/Garbage #3/94-0rdinan.180 EXHIBIT TO ORDINANCE NO. Category Fees* (A) DEVELOPMENT AND PLAN REVIEW: (A-1 ) Development Review and 2 Preliminary + 1 3.5% of est. Final Plan Reviews construction cost Basis for Determining Estimated Construction Cost $41/ft Minimum Fee $600 (A-2) 3rd & Subsequent Preliminary Plan Reviews $48 each (A-3) 2nd & Subsequent Final Plan Reviews $71 each (A-4) Building Plan Review $10 each (B) CONSTRUCTION INSPECTION: (B-1 ) Mainline Inspection See Table A-1 (B- 2) Lateral, House Connection, Side Sewer Repair $77 each over 10 feet, Alteration, Manhole Alteration, Sewage Pump, Grease Interceptor, and Sewer Tap Inspections (B-3) Side Sewer Repair Inspection, under 10 feet $1 2 each (B-4) Overtime Inspection $ 63/hour Weekends & Holidays (4-hr. min.) ($252 minimum) (B-5) Overtime Inspection Credit See Table A-2 (B-6) Manhole or Rodding Inlet Inspection $407 each (C) COLLECTION SYSTEM: (C-1 ) Initial TV Inspection: Overtime $146/hour Weekends & Holidays (4-hr. min.) ($584 minimum) (C-2) Overtime Credit $0.27/ft. (C-3) TV Rerun $200 + (2.5-hr. min.) $103/hour ($458 min.) (C-4) TV Overtime Rerun $200 + $146/hr. Weekends & Holidays (4-hr. min.) ($784 min.) (C-5) Multiple TV Inspection Surcharge Based on actual expense Category Fees* (C-6) Sewer Tap Based on actual expense (C-7) Dye Test $89 (C-8) Collection System Repair Based on actual expense (C-9) TV Inspection Non-Cancellation (Initial and $206 Rerun) (C-11 ) lateral Abandonment Based on actual expense (D) RIGHT-OF-WAY: (0-1 ) Segregation of LID Assessment $48/parcel (D-2) Processing of Quitclaim Deeds (3-hour $43/hour minimum) ($129 min.) (D-3) Preparation and Processing of Agreements Based on actual Relating to Real Property expense (E) MISCEllANEOUS: (E-1) Engineering for Private Sewer Projects Based on actual expense (E-2) Soils Evaluation for Private Sewer Projects Based on actual expense (E-3) Surveying $152/hour (F) INDUSTRIAL PERMIT FEES: (F-1 ) Class I and Class II Permit Fee Fee based on actual cost of service for prior calendar year. (F-2) New Industrial Permit Fee Based on actual expense ($500 min.) (F-3) Special Discharge Permit Fee - No On-site Inspection $48 - On-site Inspection $268 (F-4) Class III Permit Fee $256 Category Fees* (G) SEPT AGE DISPOSAL: (G- 1 ) Annual Permit Fee $1,200 (G-2) Residential Septic and Portable Toilet Waste* * < 2,000 gal./truck $13.75 + ~ 2,000 gal./truck $0.097/gal $43.50 + $0.097/gal (G-3) Restaurant Grease Waste < 2,000 gal./truck $13.75 + $0.012/gal. ~ 2,000 gal./truck $43.50 + $0.012/gal * Fees include 75 percent of administrative overhead. ** Other approved waste will be charged at the Residential Septic and Portable Toilet Waste rate unless actual strength characteristics are provided. ADS/Garbage#3/94-0rd 180.cht TABLE A-1 MAINLINE INSPECTION FEE LENGTH (FT) MAINLINE INSPECTION FEE 0-1 00 $365 + $3.55/ft. 101-200 $430 + $2.90/ft. 201-300 $520 + $2.40/ft. 301-400 $655 + $1.95/ft. 401-500 $775 + $1.65/ft. 501-600 $875 + $1.45/ft. 601- $965 + $1.30/ft. TABLE A-2 OVERTIME MAINLINE INSPECTION CREDIT Total Project Overtime Overtime Hours Credit Hours * ~ 4 1 >4 or < 8 2 > 8 or ~ 16 4 > 16 or ~ 32 6 > 32 8 * To compensate the contractor for the straight-time portion of inspection time included in the Mainline Inspection Fee. ADS/Garbage #3/94-0rd18.TBL Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 4 BOARD MEETING OF May 19,1994 NO. AUTHORIZE AWARD OF A CONTRACT TO RODDING CLEANING SERVICE, INC. TO PROVIDE TELEVISION INSPECTION SERVICE FOR THREE DISTRICT PROJECTS, (DP 4928, DP 4988, AND DP 4995) 6. BIDS AND AWARDS a. DATE May 16, 1994 SUBJECT TYPE OF ACTION AUTHORIZE AWARD SUBMITTED BY INITIATING DEPT./DIV. Tom Cheng, Assistant Engineer Engineering Dept.llnfrastructure Div. ISSUE: On May 9, 1994, sealed bids were received and publicly opened for providing television inspection service for three District projects. The Board must authorize award of the contract or reject bids within 30 days of the bid opening. BACKGROUND: The Infrastructure Division is currently in the process of designing three projects to rehabilitate and/or replace deteriorated sewers within the District's service area. These projects are the Moraga Way/Glorietta Boulevard Sewer Improvements in Orinda, Collection System Corrosion Evaluation in Walnut Creek, and Pleasant Hill Relief Interceptor, Main Modifications in Pleasant Hill. The locations of these projects are shown in Attachment A. A brief description of each project follows: . The Moraga Way/Glorietta Boulevard Project, DP 4928, includes about 13,504 lineal feet of 6- to 15-inch sewers which have both capacity and structural deficiency problems. . The Collection System Corrosion Evaluation Project, D.P. 4988 includes about 4,682 linear feet of 12- to 45-inch sewers in Bancroft Road and Olympic Boulevard in Walnut Creek which have been identified as having hydrogen sulfide corrosion. . The Pleasant Hill Relief Interceptor Main Modifications, DP 4995, includes about 7,424 linear feet of 12- to 1 8-inch sewers which have potential structural deficiency problems. The purpose of the television inspection program is to evaluate the physical condition of the pipes particularly with regards to cracks, joint offsets, pipe alignment, sags, root intrusion, grease build-up, visible corrosion, and condition of lateral connections. The results will be useful not only for evaluating alternatives during the facilities planning and/or design phase of the projects but also for the scheduling of maintenance programs by District's CSOD staff. This work would normally be completed by District forces; however, the demands of this work are in excess of the District's current staffing. REVIEWED AND RECOMMENDED FOR BOARD ACTION -r c c-- /I/f ~ INITIATING DEPT./DIV. 1302A-7/91 TCC TJP JSM RAB AUTHORIZE AWARD OF A CONTRACT TO RODDING CLEANING SERVICE, INC. TO PROVIDE TELEVISION INSPECTION SERVICE FOR THREE DISTRICT PROJECTS, (DP 4928, DP 4988, AND DP 4995) ................................................................................... ................................................................................... ....111."1".1 1:.....111.& B..::. SUBJECT PAGE 2 OF 4 DATE May 16, 1994 The Bid Request was advertised on April 25 and April 30, 1994. Four bids were received and publicly opened on May 9, 1994. These bids are listed in Attachment B, Summary of Bids. The Engineering and Purchasing staff conducted a technical and commercial evaluation of the bid and concluded that Rodding Cleaning Services, Inc. is the lowest responsible bidder. Staff has determined that this project is exempt from the California Environmental Ouality Act (CEOA) under District CEOA Guidelines Section 17.3 since it involves a planning study for possible future actions and will not have a legally binding effect on later activities. The Board of Directors' approval of this project will constitute a finding of agreement with this determination unless otherwise indicated. RECOMMENDATION: Authorize award of the Contract to Rodding Cleaning Service, Inc., the lowest responsible bidder, in the amount of $11,710.32 for conducting television inspection for three District projects (DP 4928, DP 4988, and DP 4995). 13028'7/91 c C> D Pleasant Hill Interceptor ~ ~ \ ,,~ ~ "--'-~, s'S t~ '- .J ~, ~ )~V---:J MORAGA ~~ ~ ~ N ~ o I 2 4 SAN RAMON MILES o o ~ on v " '" :;; v " '" :>, '" . Project Location(s) en en OJ ATIACHMENT v m 0-. , Television Inspection Contract A ATTACHMENT B Central <.;ontra Costa Sanit&A y District SUMMARV DF BIDS PROJECT NO. 4928/4988/- Television Tn"pprtinn Ser\licQ DATE May 9, 1994 4995 LOCATION Pleasant Hill, OriJ1r1Q} and Walnllt r.rpE'k ENGR. EST. $ 25.000.00 - W BIDDER (Nome, telephone & address) aiD PRle. ~ Rodding Cleaning Sprvice, Inc ( 510 ) 357-8875 $ 1 2585 Nicholson Strept. Si'ln I Pi'lnrlro. r.A 11.710.32 qM;77 - Video Inspection Specialists. I~r: ?Og) ?7n-Ol AI) $ 2 4705 West Santa Ana. Fresno. CA 93722 15 .011. 66 . Gelco Service ( 916 ) 689-1314 $ 3 25,410.30 P.O. Box 293510. Sacramento. CA 95R?q ~ Pacifi c Pipeline Survey ( 707 ) AAn-Cl4?7 $ 4 31.195.25 P.O. Box 1000 , Vacaville. CA 95696 - ( ) $ - ( ) $ - { ) .$". . " . - ( ) $: ." ( ) $ - ( ) $ - : ( ) I $ i , { } $ i I ! ! 0...- DATE SHEET NO. OF BIOS OPENED BY 2S0~9: . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 4 BOARD MEETING OF May 19, 1994 SUBJECT AUTHORIZE AWARD OF CONTRACT TO SPECTRE GROUP ENGINEERS AND CONSTRUCTORS FOR NO.3 WATER HIGH PRESSURE UPGRADE PROJECT, DISTRICT PROJECT NO. 6102/AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $24,000 FROM THE TREATMENT PLANT'S PROGRAM CONTINGENCY ACCOUNT SUBMITTED BY Paul A. Sciuto Assistant En ineer INITIATING DEPT./DIV. NO. 6. BIDS AND AWARDS b. DATE May 11, 1 994 TYPE OF ACTION AUTHORIZE AWARD OF CONTRACT I AUTHORIZE ALLOCATION Plant Operations Department ISSUE: The District has received bids for District Project No. 6102, the No.3 Water High Pressure Upgrade Project. The Board of Directors must award the construction contract or reject all bids within 60 days of the opening of bids. Board authorization is required for program contingency account allocations that exceed $25,000 for any particular project. BACKGROUND: The No.3 water high pressure system is frequently exposed to excessive pressure surges due to pump surges and system layout. As a result of these events, various sections of the pipe have failed. These failures result in extensive downtime for the system as well as expensive repairs. The breaks have occurred at both the north and south branches of the system. Surge protection will be installed while the system is being repaired. This project will replace damaged and vulnerable sections of the existing PVC pipe with steel pipe. This project was advertised on April 19 and 24, 1994. Five bids were received on May 6, 1994. These bids are listed on Attachment 1, Tabulation of Bids. The apparent lowest responsible bidder is Spectre Group Engineers and Constructors with a bid of $25,500 for furnishing and installing all materials and labor necessary for the No.3 Water High Pressure Upgrade. The engineer's estimate for the work was $30,000. The project is not included in the Fiscal Year 1993-94 Capital Improvement Budget. The General Manager-Chief Engineer made an initial allocation of $25,000 from the Treatment Plant Contingency Account to cover planning' and design costs. An additional allocation of $24,000 is needed to complete the project. The current balance of the Treatment Plant Contingency Account is adequate to fund this project. The status of this account is presented in Attachment 3. Staff has determined that this project is exempt from the California Environmental Quality Act (CEQA) under District CEOA Guidelines, Section 18.2, since it involves a minor alteration to an existing facility with little or no increase in capacity. The Board of Directors' approval of this project will constitute a finding of agreement with this determination unless otherwise indicated. RECOMMENDATION: Authorize award of Contract to Spectre Group Engineers and Constructors, the lowest responsible bidder, for $25,500 for the No.3 Water High Pressure Upgrade, District Project No. 6102. Authorize the General Manager-Chief Engineer to allocate $24,000 from the Treatment Plant Contingency Account for the project. PAS g o ~ c.!:l Q) ~ ~ u ~ ~ ~Ul ~ ~ ~ ~ ~ i fjj .~ i i,~ ~ CJ) ~ "'0 <l:l g :;, ~ . :;, III III CJ)~ ~:E -g L: ...... .,.. ..c4- .,.. 2~ <l:l 3 (V) t;: o .~ ZL: r-- ..c ~ ~ ...., 3 III <l:l e ::.:::: ~ -r- Ii: "'0 5 ; en w ..c o III ;;/. ...... a: E ~ :;, ::IE I..L 'g ~ cn~ :e C III m e o La- 0.. o C. III ~ Z ~ ~ o ~.s...., ti ~~ U III ...I :;, CJ) ::J c.b~ m v. 1Il-l <It Ie ~ ~ i8 CJ) I i-g ~~ ~ <l:l ~.o ~ .V ~~~~~~ .......'=u ~ ~ I~ ~ U ~ ~ ~ ~ V1 ~~c;;;;..:.~ o ex: ~ Cl ~.. ;;'c<..;LOS::~ oCc....:;.;:t~z ~ III ~~c~..:.~ ~~~Cl~-l:-ex: .~ ~ p ~ ! ~ ~ ~~ :?c CC 5 ~ .t,. 5 :-. i ~ ~ ~ t,. ~ ~ .i,A o en : ,.... . o ~ ~ C'\J . C'\J ~ III I en ';;""1.0 >, 0 1.0 ~NOUM . ~ '-' CO VI Cl U . .......~u :;,""'ex: N 1.0 0 U 1.0 .s: CJ)....... <:T OOU<:Tt=zz ...... .~ . 3 III ~~~ Cl~+-lex: ~~~z 8 ffi ~ ~ . ~ ~ ~ ~ ~ ~ l!! z ~ , ... ~ ~ ill ~ E~ :: .,.. Jj ex: r--~ ~~ lii I c- i Ul IE (V) . CJ) o "'0 Z <l:l ~ ~ g <l:l :;, ...., III CJ) e ~ ...... :;, III "'0 III e CJ) <l:l ~ ..c .~ -g s= ...... ~ ..c :;, I..L ...., o -l ~ ~ ~ ATTACHMENT 1 Page 2 of 4 CJ) e o z: ~ 2 ~ ~ ~ .g CJ) e o z: e CJ) ~ <l:l ...., III e o ...... ~ CJ) U x CJ) r-- <l:l ...... U ~ CJ) E E o U >, e ex: i ~ J; ... ~ ~ ~ ~ ~ ~ -t.I1 en CO <:T . o ~ o en ,.... . Q ~ en 1.0 C'\J .. C'\J <:T -tA- -l ex: I- o I- ATTACHMENT 2 Page 3 of 4 NO.3 WATER HIGH PRESSURE UPGRADE, DISTRICT PROJECT NO. 6102 POST-BID PRECONSTRUCTION ESTIMATE PERCENT OF ITEM DESCRIPTION TOTAL CONSTRUCTION COSTS 1. Construction contract $25,500 2. Contingency at 15 percent 4.000 Subtotal: $29,500 100% 3. Construction Management $ 3,000 Ad m i nistrationllnspection 4. Engineering! As-built Drawings 500 5. Plant Operations Department 2.000 Subtotal: $ 5,500 18.6% 6. Pre-bid Expenditures $14,000 47.4% 7. Total Project Cost 49,000 166% 8. Funds Authorized to Date 25.000 9. Total Project Costs Required to Complete This Portion of the Project $24.000 ATTACHMENT 3 TREATMENT PLANT CONTINGENCY FUND ACCOUNT STATUS FOR THE PERIOD April 10. 1994 - May 9. 1994 TREATMENT PLANT CONTINGENCY FUND BALANCE AS OF MAY 9, 1994 $678,000 MINUS CURRENT ALLOCATION REQUEST 24.000 REMAINING BALANCE $654.000 Page 4 of 4 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 5 BOARD MEETING OF May 19,1994 NO. 6. BIDS AND AWARDS c. SUBJECT DATE AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO MONTEREY MECHANICAL/AUTHORIZE THE GENERAL MANAGER- CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH CH2M HILL AND AMEND AN AGREEMENT WITH JOHN CAROLLO .ENGINEERS FOR THE TREATMENT PLANT COGENERATION FACILITY Ma 13 1994 TYPE OF ACTION AUTHORIZE AWARD/AUTHORIZE AGREEMENT AND AMEND A EEM SUBMITTED BY David J. Reindl Associate En ineer INITIATING DEPT.lDIV. ISSUE: On May 10, 1994, sealed bids were received and publicly opened for the installation of a District furnished gas turbine-generator and associated equipment related to the Treatment Plant Cogeneration Facility Project (DP 6069). The Board of Directors must Authorize Award of the Contract to the lowest responsible bidder or reject all bids within fifty calendar days of the bid. Also, authorization by the Board is required for the General Manager-Chief Engineer to execute a professional services agreement when the amount is greater than $50,000. BACKGROUND: On December 19, 1991, the District Board of Directors approved the Cogeneration Facility Project and the Negative Declaration based on an economic feasibility study by Anaerobic Energy and John Carollo Engineers, which projected energy savings of approximately $1,000,000 per year. Subsequently, the District hired John Carollo Engineers (JCE) to provide engineering services for the permitting, equipment selection for prepurchase, and final design for the Cogeneration Facility. The gas turbine-generator prepurchase was bid and awarded to Solar Turbines in April, 1993, and is scheduled to ship in September. The contract consists of installation of the pre purchased gas turbine-generator, a new heat recovery boiler, a landfill gas (LFG) fuel compressor, and extensions to the existing multiple hearth furnace exhaust stacks. The final design has been completed by JCE; Notice to Bidders was publicly advertised inviting sealed bids on April 1, and April 6, 1994. Seven bids were received ranging from $2,398,000 to $2,885,253. A summary of bids is attached in Attachment I. The engineers estimate for the work including stack extensions is $2,600,000. Staff also recommends that CH2M Hill be selected for the task of construction management since all District staff are involved with current projects under construction and CH2M Hill has demonstrated a successful construction management work history to date on the Headworks and Standby Power Facility Projects. The amount of $181,000 for this agreement with CH2M Hill is listed in the post- bid project estimate (attached). . DJR COMMENDED FOR BOARD ACTION SUBJECT AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO MONTEREY MECHANICAUAUTHORIZE THE GENERAL. MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH CH2M HILL AND AMEND AN AGREEMENT WITH JOHN CAROLLO ENGINEERS FOR THE TREATMENT PLANT COGENERATION FACILITY PROJECT (DP 6069) j.:illl.IIIIII!IIIIIIIIIIIII:: 2 OF 5 PAGE DATE May 13, 1994 An amendment to the agreement with JCE for the design is required to cover costs that were not identified in the original contract. JCE was impacted when the gas turbine vendors qualified their original bid and the gas turbine-generator prepurchase had to be rebid. At the 50 percent design level, the project underwent a Value Engineering review performed by Engineering Services Inc. (ESI) that resulted in revisions not anticipated in the original design. An effort was made to accelerate the design prior to having final equipment shop drawings, which required more reviews than had been originally planned. Staff and JCE have agreed to a $63,000 amount to cover all design overruns. Staff has determined that the cogeneration project as bid is consistent with the project described in the 1991 Negative Declaration. No further environmental analysis or documentation is required to comply with the California Environmental Quality Act (CECA). Also included in the construction contract are 20-foot extensions to the two existing multiple hearth furnace stacks. The stack extensions will increase the dispersEd of emissions and thus reduce the air quality impacts associated with the multiple hearth furnace sludge incineration process. The need for the stack extensions is unrelated to the cogeneration project; however, the consolidation of the two projects under one contract provides significant construction cost-saving opportunity. The stack extension project has been reviewed and accepted by the Buchanan Field Airport Manager and the County Airport Land Use Commission, since the stack extensions would not be tall enough to interfere with aircraft operations. Staff has concluded that the stack extension project is exempt from CECA under District CECA Guidelines Section 18.2 since it involves only a minor alteration of existing facilities with negligible or no expansion of capacity. The Board's approval of this award will constitute a determination that the stack extension project is exempt from CECA. The Cogeneration Facility is included in the Fiscal Year 1993-94 Capital Improvement Budget beginning at page TP-55. The current balance of the Sewer Construction fund minus unspent authorizations plus dependable revenue will be adequate to fund this project. A funding summary is presented in Attachment III. RECOMMENDATION: Authorize the award of the installation contract in the amount of $2,398,000 to Monterey Mechanical, the lowest responsible bidder; authorize a professional services agreement for $181,000 with CH2M Hill; and authorize an amendment for $63,000 to the agreement with John Carollo Engineers. 13028-7/91 Attachment I Page 3 of 5 Central Contra Costa Sanitary District SUMMARY OF BIDS PROJECT NO. DP 6069 -- TREATMENT PLANT COGENERATION FACILITY PROJECT LOCATION' MARTINEZ CA ENGINEERS ESTIMATE' $2600000 . . . . . NO. BIDDER BID PRICE (Name and address) 1 Monterey Mechanical Company $2,398,000 8275 San Leandro Street Oakland, CA 94621 2 Pacific Mechanical Corporation $2,467,000 P. O. Box 4041 2501 Annalisa Drive Concord, CA 94524 3 D. W. Nicholson Corporation 2,573,000 P. O. Box 4197 24747 Clawiter Road Hayward, CA 94540-4197 4 Albay Construction $2,667,000 P. O. Box 2569 865 Howe Road Martinez, CA 94553-0142 5 Humphrey Construction, Incorporated $2,766,000 P. O. Box 907 15029 Woodinville-Redmond Road Woodinville, WA 98072-0907 6 Alan A. Bradford, Incorporated $2,841,000 4970 Peabody Road Fairfield, CA 94553 7 ARB, Incorporated $2,885,253 P. O. Box 8189 1875 Loveridge Road Pittsburg, CA 94565 BIDS OPENED BY: Jovce MurDhv DATE/TIME: MAY 10. 1994/1400 PAGE 1 OF 1 POD/MaintEng/Reindl/Opening .Bid ITEM 1. 2. 3. ATTACHMENT 2 TREATMENT PLANT COGENERATION PROJECT DISTRICT PROJECT 6069 DESCRIPTION Installation Contract Gas Turbine Generator Contingency (5 percent) Subtotal: 4. Construction Management · CH2M Hill · District Force Account · Weld Inspection and Testing · Engineering Services, Inc. Construction Management Subtotal: 5. Other Costs 6. 7. 8. 9. · Required Pacific Gas and Electric System Protective Equipment · Emissions Certification Subtotal: Pre-Bid Expenditures PROJECT TOTAL: ALLOCATIONS TO DATE: ADDITIONAL ALLOCATIONS NEEDED TO COMPLETE PROJECT: TOTAL $ 2,398,000 2,100,000 225.000 4,723,000 1 81 ,000 1 3 1 ,000 45,000 50.000 387,000 285,000 20.000 305,000 650.000 6,085,000 3.035.000 3,050,000 Page 4 of 5 PERCENT 100 12.2 15.5 7.3 Page 5 of 5 ATTACHMENT 3 SEWER CONSTRUCTION FUND BALANCE AS OF 03/31/94 $53,097,783 MINUS UNSPENT PRIOR ALLOCATIONS (39,916,705) PLUS DEPENDABLE CURRENT YEAR REVENUE (4/94 THROUGH 6/94) 7,161 ,786 PLUS DEPENDABLE FUTURE REVENUE [l/94 THROUGH 3/95) 8,634,675 $28,977,539 $28,977,539 > I $3,050,000 I (ALLOCATION REQUIRED) ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE OF 9 BOARD MEETING OF May 19, 1994 NO. SUBJECT APPROVE PRINCIPLES OF AGREEMENT FOR RECYCLED WATER DEVELOPMENT 7. ENGINEERING a. DATE May 13, 1994 TYPE OF ACTION APPROVE PRINCIPLES OF AGREEMENT SUBMITTED BY Lynne B. Putnam, Senior Engineer INITIATING DEPT.lDIV. Engineering Department, Planning Division ISSUE: Staffs from the District and the Contra Costa Water District {CCWDI have negotiated a draft Principles of Agreement for Recycled Water Development. The CCWD Board of Directors has recently proposed changes to the Principles of Agreement that the District Board previously reviewed and amended on April 21, 1994. Board approval of Principles of Agreement is required. BACKGROUND: The District and CCWD currently have a reclaimed water supply contract dated April 27, 1972 (amended September 15, 1976, and August 16, 1979), This contract has been the subject of a lawsuit filed by CCWD which was dropped in June 1993. The intent of the Principles of Agreement is to provide a framework for the development of a general agreement between the District and CCWD. The general agreement will establish mutual goals and processes regarding recycled water as well as address ownership and operation issues of the existing recycled water facilities. The general agreement will in turn describe a mutually acceptable business relationship wherein specific recycled water projects may be addressed on an individual basis with separate project agreements. Staffs from the District and CCWD have begun a dialogue to structure the general agreement based on concepts included in the draft Principles of Agreement. The CCWD Board accepted amendments made by the District Board and proposed additional amendments at their May 4, 1994, Board meeting. CCWD comments are shown under sections A.7., B.l., 0.2." E.l.b.{ixl, and EA. on Attachment 1. Attachment 2 is submitted as a final copy for approval. RECOMMENDATION: Approve Principles of Agreement. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT.lDIV. 1302A-7/91 Prr\P LBP RAB Page 2 of 9 A TT ACHMENT 1 Central Contra Costa Sanitary District (CCCSD) Contra Costa Water District (CCWD) PRINCIPLES OF AGREEMENT FOR RECYCLED WATER DEVELOPMENT Preamble The purpose of these principles of agreement is to provide the framework for CCWD and CCCSD to resolve past disputes, terminate past agreements, and to replace such agreements with a general agreement covering the purveyorship of recycled water within the area served by both districts. Specific agreements will be required addressing individual recycled water projects. A. General Principles: 1. Both districts believe prudent water management in California requires effective water conservation and reuse to meet diverse water needs. 2. Both districts believe that it is a sound public policy to develop recycled water resources through economically, financially and environmentally sound projects. 3. Both districts believe that the use of existing facilities benefits the ratepayers of both the districts by enabling the productive use of existing facilities. 4. Both districts declare their intent to establish and maintain a business relationship that facilitates the implementation of sound recycled water projects. 5. CCWD is the purveyor of water service including recycled water in the CCWD service area, except as otherwise provided in this agreement. 6. Both districts agree to coordinate planning activities related to provision of recycled water service, and may identify projects which can be implemented incrementally. 7. When a joint project has been agreed upon, both districts shall cooperate in its design, construction, frAfJ- operation, ~6dlihaI1CialC6hsiderati6hs. B. Resolution of Past Disputes: 1. Both districts agree to ::Ju::Jpcnd, terminate and not pursue prevIous recycled water litigation, and past disputes. C. Replacement of Prior Contract and Amendments with a New Agreement: 1. The recycled water supply contract dated April 27, 1972, (including Amendment No. 1 dated September 15, 1976, and Amendment NO.2 dated August 16, 1979), is hereby terminated in its entirety. Page 3 of 9 2. The new general agreement shall address ownership, leasing operation and maintenance of existing recycled water facilities and other provisions reflecting these principles of agreement. The new general agreement shall also contain a provision that it may be necessary to renegotiate affected provisions of the agreement in response to new laws and regulations. D. Past Costs: 1. CCWD will not seek any compensation from CCCSD for CCWD's past costs associated with the NaX facility or other recycled water facilities constructed or studies undertaken and completed prior to the date of the new general agreement. Similarly, CCCSD will not seek compensation from CCWD for the CCCSD filtration facility, clear well, effluent pump station and 42-inch recycled main or other recycled water facilities constructed or studies undertaken or completed prior to the date of the new general agreement. 2. Either district may recover9~l?i~~lcosts invested prior tO$ih9g;j~Qy~rY1)1~~~) the datc of this nc'v\' gcncral agrccmcnt through the sale of recycled water. E. Future Projects: 1. Recycled water projects may be developed jointly or by either district. a. As the initial step, the proposing district shall request the participation of the other district in the project. b. A request for participation must be accompanied by a Business Plan containing the following information: (i) Project description including: design standards, service standards, operating criteria, necessary facilities and schedule. (ii) Potential customers to be served. (iii) Reliability of the recycled water supply. (iv) If necessary, specific requirements for emergency water supply from CCWD. (v) Identification of existing water utility facility capacity replaced by the recycled water project. (vi) Regulations governing service. (vii) An initial environmental assessment. (viii) Capital, including annual O&M costs, and life cycle costs. Page 4 of 9 (ix) Economic justification for the project, including identification of all beneficiaries, ~hgih91t.l9iiJ9~prgI~qtr9D gflQ$tr~y~r)y~f$; {x} The total cost per acre foot, calculated by an agreed upon method. {xi} Financing mechanisms. {xii} Cost to the customer {rates}. {xiii} Basis for pursuing the project at this time. 2. Should the districts agree to pursue a recycled water project jointly, a specific project agreement will be negotiated, including a final Business Plan. Cost sharing will be negotiated based on the merits of the project. 3. Should CCWD decline to participate in a proposed CCCSD joint recycled water project, CCCSD shall bear all cost of the project. CCWD will grant CCCSD purveyorship authority through the following process: a. CCCSD shall provide a specific description of the project, its location, and a lists of potential customers. b. A request for purveyorship must be accompanied by copies of the signed disclosure letters and signed requests for service from the customers to be served. The purveyorship request and disclosure letters shall identify any specific limitations on the reliability with which recycled water service will be provided to the customers. The disclosure letters shall fully disclose which services will be provided by CCCSD and which services will continue to be provided by CCWD. c. The disclosure letters shall notify the recycled water customers to be served that resumption of water service from CCWD would require submittal of an application for water service. Provision of water service would be subject to connection fees, rates and other regulations or policies of CCWD in place at that time. d. CCWD will authorize CCCSD to provide the defined recycled water services from the specific project and CCCSD will assume all utility service responsibilities and obligations for those services. e. Any amendments to the potential customer list or project size or location must receive a purveyors hip amendment from CCWD. 4. Should CCCSO decline to participate in a proposed CCWO jOint project, CCWO may proceed, and CCCSD shall provide such water as may be available, meeting its N~~igh~le9119tgl'1~<IJ)i~91"l@rggSlimit)@~iqri?y$tgl't1(NPOES) permit requirements for discharge into Suisun Bay, at no cost. Any additional cost for CCCSD to provide an incremental level of treatment~~()y~tf1~f\JR[)E$permjtteql.lir~m~l'1t$, or conveyance, Page 5 of 9 shall be borne by CCWD. CCCSD shall make reasonable accommodation for the construction and operation of CCWD facilities. Page 6 of 9 ATTACHMENT 2 Central Contra Costa Sanitary District (CCCSD) Contra Costa Water District (CCWD) PRINCIPLES OF AGREEMENT FOR RECYCLED WATER DEVELOPMENT Preamble The purpose of these principles of agreement is to provide the framework for CCWO and CCCSO to resolve past disputes, terminate past agreements, and to replace such agreements with a general agreement covering the purveyors hip of recycled water within the area served by both districts. Specific agreements will be required addressing individual recycled water projects. A. General Principles: 1. Both districts believe prudent water management in California requires effective water conservation and reuse to meet diverse water needs. 2. Both districts believe that it is a sound public policy to develop recycled water resources through economically, financially and environmentally sound projects. 3. Both districts believe that the use of existing facilities benefits the ratepayers of both the districts by enabling the productive use of existing facilities. 4. Both districts declare their intent to establish and maintain a business relationship that facilitates the implementation of sound recycled water projects. 5. CCWO is the purveyor of water service including recycled water in the CCWO service area, except as otherwise provided in this agreement. 6. Both districts agree to coordinate planning activities related to provision of recycled water service, and may identify projects which can be implemented incrementally. 7. When a joint project has been agreed upon, both districts shall cooperate in its design, construction, operation, and financial considerations. B. Resolution of Past Disputes: 1. Both districts agree to terminate and not pursue previous recycled water litigation, and past disputes. C. Replacement of Prior Contract and Amendments with a New Agreement: 1. The recycled water supply contract dated April 27, 1972, (including Amendment No. 1 dated September 15, 1976, and Amendment No.2 dated August 16, 1979), is hereby terminated in its entirety. Page 7 of 9 2. The new general agreement shall address ownership, leasing operation and maintenance of existing recycled water facilities and other provisions reflecting these principles of agreement. The new general agreement shall also contain a provision that it may be necessary to renegotiate affected provisions of the agreement in response to new laws and regulations. D. Past Costs: 1. CCWD will not seek any compensation from CCCSD for CCWD's past costs associated with the NaX facility or other recycled water facilities constructed or studies undertaken and completed prior to the date of the new general agreement. Similarly, CCCSD will not seek compensation from CCWD for the CCCSD filtration facility, clear well, effluent pump station and 42-inch recycled main or other recycled water facilities constructed or studies undertaken or completed prior to the date of the new general agreement. 2. Either district may recover capital costs invested since January 1, 1992, through the sale of recycled water. E. Future Projects: 1. Recycled water projects may be developed jointly or by either district. a. As the initial step, the proposing district shall request the participation of the other district in the project. b. A request for participation must be accompanied by a Business Plan containing the following information: (i) Project description including: design standards, service standards, operating criteria, necessary facilities and schedule. (ii) Potential customers to be served. (iii) Reliability of the recycled water supply. (iv) If necessary, specific requirements for emergency water supply from CCWD. (v) Identification of existing water utility facility capacity replaced by the recycled water project. (vi) Regulations governing service. (vii) An initial environmental assessment. (viii) Capital, including annual O&M costs, and life cycle costs. Page 8 of 9 (ix) Economic justification for the project, including identification of all beneficiaries, and including a projection of lost revenues. (x) The total cost per acre foot, calculated by an agreed upon method. (xi) Financing mechanisms. (xii) Cost to the customer (rates). (xiii) Basis for pursuing the project at this time. 2. Should the districts agree to pursue a recycled water project jointly, a specific project agreement will be negotiated, including a final Business Plan. Cost sharing will be negotiated based on the merits of the project. 3. Should CCWD decline to participate in a proposed CCCSD joint recycled water project, CCCSD shall bear all cost of the project. CCWD will grant CCCSD purveyorship authority through the following process: a. CCCSD shall provide a specific description of the project, its location, and a lists of potential customers. b. A request for purveyorship must be accompanied by copies of the signed disclosure letters and signed requests for service from the customers to be served. The purveyorship request and disclosure letters shall identify any specific limitations on the reliability with which recycled water service will be provided to the customers. The disclosure letters shall fully disclose which services will be provided by CCCSD and which services will continue to be provided by CCWD. c. The disclosure letters shall notify the recycled water customers to be served that resumption of water service from CCWD would require submittal of an application for water service. Provision of water service would be subject to connection fees, rates and other regulations or policies of CCWD in place at that time. d. CCWD will authorize CCCSD to provide the defined recycled water services from the specific project and CCCSD will assume all utility service responsibilities and obligations for those services. e. Any amendments to the potential customer list or project size or location must receive a purveyorship amendment from CCWD. 4. Should CCCSD decline to participate in a proposed CCWD joint project, CCWD may proceed, and CCCSD shall provide such water as may be available, meeting its National Pollutant Discharge Elimination System (NPDES) permit requirements for discharge into Suisun Bay, at no cost. Any additional cost for CCCSO to provide an incremental level of treatment above the NPDES permit requirements, or conveyance, Page 9 of 9 shall be borne by CCWD. CCCSD shall make reasonable accommodation for the construction and operation of CCWD facilities. ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 7 May 19,1994 NO. 7. b. BOARD MEETING OF SUBJECT DATE CONSIDER PROTEST OF FACILITY CAPACITY FEES BY CANYON LAKES DENTAL GROUP FOR TENANT IMPROVEMENTS AT TYPE OF ACTION 525 BOLLINGER CANYON WAY, SAN RAMON CONSIDER PROTEST SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT.lDIV. Engineering Depart./lnfrastructure Division ISSUE: The Canyon lakes Dental Group has protested the payment of facility capacity fees for their proposed tenant improvements that will be made to an existing office building. BACKGROUND: In 1990, Blackhawk Corporation constructed a "shell" office building at 525 Bollinger Canyon Way. A shell building has a floor, walls and roof, but interior tenant spaces are unfinished. Blackhawk Corporation paid facility capacity fees for the building which were based on general office usage. The fee ordinance in effect at the time of payment made no distinction between different types of office usage, Le., dental or commercial office space was charged the same rate. The facility capacity fees paid at time of connection for the shell structure were $3,600.96 On April 4, 1994 the Dental Group's building contractor brought tenant improvement plans to the District for building plan check and signoff by the District. The plans included tenant improvements for five of six of the tenant spaces in the building. The present fee ordinance, which was enacted by the Board on December 16, 1993 and became effective February 16, 1994, expanded the fee structure to include six different types of office usage, one of which is medical office. The new ordinance was specifically broadened to better reflect the higher uses in some office environments. The present higher rates for medical offices require additional facility capacity fees to be paid over and above those collected for the shell building. The additional facility capacity fees were calculated for the five new tenant spaces. The fee calculation included a credit of $6,737.61 for the original general office usage (shell building) based on the present fee rates. The additional charge for the five medical tenant spaces was $7,811.03 and has been paid. The owners of the sixth, unimproved tenant space will pay additional fees, if any, when improvements are made to that space. The Dental Group's protest includes statements that contact was made with the City of San Ramon prior to the date the fees increased, February 16. Plans for changes to the existing building were submitted to the City on January 12, 1994. The plans were found to be unacceptable by the City and were returned on January 20, 1994. On February 23, 1994, the RE~EWEDANDRECOMMENDEDFORBOARDAcnON v' f/# ~4P INITIATING DEPT.lDIV. 1302A-7/91 DH JSM RAB SUBJECT CONSIDER PROTEST OF FACILITY CAPACITY FEES BY CANYON LAKES DENTAL GROUP FOR TENANT IMPROVEMENTS AT 525 BOLLINGER CANYON WAY, SAN RAMON PAGE DATE 2 OF 7 May 12, 1 994 plans were resubmitted with corrections. As an accommodation to the Dental Group and its representatives, the city proceeded with the issuance of a general building permit and withheld the plumbing permit until more detail was available. At that time, plans were not brought to the Sanitary District for review. A general building permit was issued on March 25, 1994. Even though the contact with San Ramon has no direct bearing on the payment of the District fees, it is important to note that the Dental Group or their representative knowingly participated in the delay in the contact of the Sanitary District. This delay overlapped the period of time when the District processed its fee increase. The District gave proper notice for the increase in fees and held a public hearing in December for the purpose of approving the increase. The first contact with the District by the Dental Group contractor was on April 4, 1994, more than a month after the effective date of the increase. In accordance with the District Code, the fees which went into effect on February 16 are the proper fees to be charged. Delays in processing development and construction plans are quite common. Sometimes the delays add up to more than a year. If the District's rules were changed to allow this kind of delay to be used to grant an exemption from fee increases, staff anticipates g-reat difficulty in analyzing and determining the validity of claimed delays. If the Canyon lakes Dental Group believes that the fees for the medical users category are unreasonably high based on their anticipated wastewater flow, the group may request that a special study be conducted by District staff to determine the appropriate fee. Such a study will determine if it is appropriate for fees to be reduced if usage is less than the basis for the fees for the medical users category or increased if usage is greater. Staff has offered to conduct such a study which could lower or raise the fees. RECOMMENDATION: Deny the protest of the payment of facility capacity fees by the Canyon lakes Dental Group. 1302B-7/91 David L. Knowlton, D.D.S. 2810 Crow Canyon Road. Ste. 203 San Ramon. California 94583 (41'5) 837-9597 510 May 10,1994 To: Board Members of the Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94533 IRH!~lEn~~1Q) MAY 111994 From: Canyon Lakes Dental Group 2810 Crow Canyon Rd. #203 San Ramon, CA 94583 vv'-',.';)u SECRETARY OF THE DISTRJCf Re: Formal Appeal Dear Board Members: The members of the Canyon Lakes Dental Group, who are presently constructing their new dental suites at 525 Bollinger Canyon Way in San Ramon, formally request an appeal of the sewage fees recently paid. It is our understanding that you will discuss this situation at 3pm on May 19, 1994. We plan to have a member of our group present at the meeting. Thank you for your time regarding this matter. David L. Knowlton, D.D.S. Partner in Canyon Lakes Dental Group Enclosures: Letter from Design for Health, architect Technical data concerning the water1ess central vacuum system Copy of dated use permit from the City of San Ramon DESIGN FOR HEALTH 250 DUFOUR STREET SANTA CRUZ, CA 95060 PHOl\:E: 408 425 1869 \R1~~~O\w~lQ) MAY 111994 5 May, 1994 Cl,;(;~U SECRETARY OF THE DISTRICI' CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 Imhoff Place Martinez, CA 94533-4392 attn: Joyce Murphy District Secretary re: Canyon Lakes Dental Centre Sanitary Use Permit Fees Dear Ms. Murphy: We wish to support the doctors of the Canyon Lakes Dental Group in their appeal of the fees paid for the above referenced project. This appeal is with respect to two different issues: 1) the change in fee calculation when the buildings usage was changed from office shell to medical office building; 2) the assumptions of water usage for the vacuum system. A Land Use Permit for a "dental group practice" was enacted by the City of San RaLlon on 10 December, 1992 (copy attached). We are not aware of any conditions that were placed on the Permit at that time. We have been informed now that had a submission to the Sanitary District been made and the fee been paid prior to 16 February, 1994, the only charge would have been $23 for plan review. On that date, a new method of calculating the fees was brought into affect to differentiate between general office buildings and medical office buildings. The District has indicated that this change was publicized and known to those in the building industry. However, this was a change of which the general contractor, the plumbing sub-contractor and we, the architects, were not aware. Our first indication that a submission needed to be made to the Sanitary District (and no mention of a fee!) was when we received the Plan Check Comments from the City of San Ramon Building Department on 20 January, 1994 (plans had originally been submitted for review on 1/12/94). At that time, the comments indicated that it was necessary to "provide Sanitary District approval on all waste." A call to the District office to determine what was meant by "all waste" (solid, medical, hazardous, etc?) indicated that they were just concerned with waste water and the degree to which it affected the sewer system. (There was no mention of a fee and certainly no warning that application should be made prior to 16 February, 1994.) We also contacted the Building Department to discuss what would be necessary in responding to their comments in order to facilitate the issuance of a Building Permit.. The project had been put out to bid and bids were due on 4 February, 1994. We informed the Building Department that much of the work (Electrical, HV AC, Fire Sprinklers, etc.) and also the Plumbing, was to be done on a "design/build" basis and that individual sub-contractors would be submitting more detailed drawings for their permits. While the general contractor was selected in early February, it was not possible to sign a contract for some time and certainly not reasonable to ask their plumbing sub-contractor to perform the work necessary for acquiring a permit. The City was aware of this and agreed to continue review and issuance of the general permit with issuance of individual sub-contractor permits to come at a later date. Again, there was no mention of fees to be paid to the Sanitary District and certainly no warning that the fees would be going up substantially on 16 February, 1994. It was not until our first job site meeting on 12 April, 1994 that we became aware of the significance of the February 16th date. We have made every effort to cooperate with both the City Building Department and the Sanitary District, having responded to all questions and comments, and would certainly have had the doctors pay the fee had we known that the fees were going to be raised on 16 February, 1994. The second issue regards the actual water usage that will be incurred by the vacuum system. Late in the design process, we changed to a new vacuum system that does not require water. It is our assumption that the District used figures for a water-based system (since this is the industry standard) in determining the overall water usage for these dental offices and their impact on the District's sewer system. Attached is some background information that shows the water savings that can be realized with this new system. As indicated, it is estimated that annual water consumption can be decreased by 1,200,000 gallons with the new RAMV AC vacuum system. We respectfully request that this new data be used in determining the actual impact that this project will have on the sewer system. The fees that have been paid ($7861.82) are having a significant impact on this project and making it difficult for the doctors to evaluate other issues regarding new equipment and furnishings. These were extra fees relative to their budget and would not even have been charged had a submission been made prior to 16 February, 1994. As outlined above, this can't even be categorized as an oversight as nobody involved in the project was ever informed of the impending increase. While we could reasonably assume that a fee might be charged (and perhaps even an annual adjustment) it is not reasonable to assume that the fee would increase so substantially nor would we normally ask if th(~y were going to be going up to such a great degree. While fingers may be pointed to assign "blame" for this situation, this seems to us a situation where nobody is truly at fault: the architects,general contractor and plumbing contractor "did not ask"; the Sanitary Di~trict and the City Building Department "did not tell." It does not seem fair that the doctors now have to pay an extra $7861.82 for which they received nothing. We trust you will similarly interpret the facts. If you should have any questions on our position, please feel free to call. Sincerel y , T7 / I L.ON~7 -\---t~~ Ronald Hedstrom DESIGN FOR HEALTH 250 DUFOUR STREET SANTA CRUZ, CA 95060 PHONE: 408 425 1869 !R1~te!EO~~fQ) MAY 111994 5 May, 1994 C0C::>U SECRETARY OF THE DISTRJCr CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 Imhoff Place Martinez, CA 94533-4392 attn: Joyce Murphy District Secretary re: Canyon Lakes Dental Centre Sanitary Use Permit Fees Dear Ms. Murphy: We wish to support the doctors of the Canyon Lakes Dental Group in their appeal or the fees paid for the above referenced project. This appeal is with respect to two different issues: 1) the change in fee calculation when the buildings usage was changed from office shell to medical office building; 2) the assumptions of water usage for the vacuum sptem. A Land Use Permit for a "dental group practice" was enacted by the City of San RaLlon on 10 December, 1992 (copy attached). We are not aware of any conditions that we,re placed on the Permit at that time. We have been informed now that had a submission to the Sanitary District been made and the fee been paid prior to 16 February, 1994, the only charge would have been $23 for plan review. On that date, a new method of calculating the fees was brought into affect to differentiate between general office buildings and medical office buildings. The District has indicated that this change was publicized and known to those in the building industry. However, this was a change of which the general contractor, the plumbing sub-contractor and we, the architects, were not aware. Our first indication that a submission needed to be made to the Sanitary District (and no mention of a fee!) was when we received the Plan Check Comments from th(~ City of San Ramon Building Department on 20 January, 1994 (plans had originally been submitted for review on 1/12/94). At that time, the comments indicated that it was necessary to "provide Sanitary District approval on all waste." A call to the District office to determine what was meant by "all waste" (solid, medical, hazardous, etc?) indicated that they were just concerned with waste water and the degree to which it affected the sewer system. (There was no mention of a fee and certainly no warning that application should be made prior to 16 February, 1994.) We also contacted the Building Department to discuss what would be necessary in responding to their comments in order to facilitate the issuance of a Building Permit. The project had been put out to bid and bids were due on 4 February, 1994. We informed the Building Department that much of the work (Electrical, HV AC, Fire Sprinklers, etc.) and also the Plumbing, was to be done on a "design/build" basis and that individual sub-contractors would be submitting more detailed drawings for their permits. While the general contractor was selected in early February, it was not possible to sign a contract for some time and certainly not reasonable to ask their plumbing sub-contractor to perform the work necessary for acquiring a permit. The City was aware of this and agreed to continue review and issuance of the general permit with issuance of individual sub-contractor permits to come at a later date. Again, there was no mention of fees to be paid to the Sanitary District and certainly no warning that the fees would be going up substantially on 16 February, 1994. It was not until our first job site meeting on 12 April, 1994 that we became aware of the significance of the February 16th date. We have made every effort to cooperate with both the City Building Department and the Sanitary District, having responded to all questions and comments, and would certainly have had the doctors pay the fee had we known that the fees were going to be raised on 16 February, 1994. The second issue regards the actual water usage that will be incurred by the vacuum system. Late in the design process, we changed to a new vacuum system that does not require water. It is our assumption that the District used figures for a water-based system (since this is the industry standard) in determining the overall water usage for these dental offices and their impact on the District's sewer system. Attached is some background information that shows the water savings that can be realized with this new system. As indicated, it is estimated that annual water consumption can be decreased by 1,200,OJO gallons with the new RAMV AC vacuum system. We respectfully request that this new data be used in determining the actual impact that this project will have on the sewer system. The fees that have been paid ($7861.82) are having a significant impact on this project and making it difficult for the doctors to evaluate other issues regarding new equipment and furnishings. These were extra fees relative to their budget and would not even have been charged had a submission been made prior to 16 February, 1994. As outlined above, this can't even be categorized as an oversight as nobody involved in the projer;t was ever informed of the impending increase. While we could reasonably assume th.lt a fee might be charged (and perhaps even an annual adjustment) it is not reasonable to assume that the fee would incre..1se so substantially nor would we normally ask if th(~~' were going to be going up to such a great degree. While tingers may be pointed to assign "blame" for this situation, this seems to us a situation where nobody is truly at fault: the architects, general contractor and plumbing contractor "did not ask"; the Sanitary Di~trict and the City Building Department "did not tell." It does not seem fair that the doctors now have to pay an extra $7861.82 for which they received nothing. We trust you will similarly interpret the facts. If you should have any questions on our position, please feel free to call. Sincerely, 12oN~:V U~~ Ronald Hedstrom Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 47 BOARD MEETING OF May 19, 1994 NO. 8. PERSONNEL a. DATE May 13, 1994 SUBJECT ADOPT MEMORANDUM OF UNDERSTANDING (M.O.U.) WITH THE CENTRAL CONTRA COSTA SANITARY DISTRICT EMPLOYEES' ASSOCIATION, PUBLIC EMPLOYEES' UNION, LOCAL NUMBER ONE EFFECTIVE MAY 1, 1994 - APRIL 30, 1997 TYPE OF ACTION ADOPT M.O.U. SUBMITTED BY INITIATING DEPT./DIV. Paul Morsen, Deputy General Manager Administrative Department ISSUE: The Board must adopt Memoranda of Understanding with employee representation units. BACKGROUND: The current labor agreement with the Central Contra Costa Sanitary District Employees' Association, Public Employees' Union, Local Number One expired on April 30, 1994. Acknowledging the Board's policy of no retroactive salary adjustments for agreements made after the Board's first meeting in May 1994, both sides met and conferred in good faith to reach an agreement in advance of the deadline. This agreement was discussed with the Board in closed session at the May 3, 1994 Board meeting. Per the attached letter from the Local One Business Agent the membership has ratified the District's last, best, and final offer. Highlights of the three year agreement are as follows: . This agreement is effective May 1, 1994 through April 30, 1997. . Effective May 1, 1994, the District will provide a 1.8% general salary increase. In the second year of the M.O.U., the wage adjustment shall be based on changes in the Consumer Price Index (C.P.I.) for all urban consumers (San Francisco/Oakland/San Jose) during the February 1 994 to February 1 995 base period with a minimum of two (2) percent and a maximum of six (6) percent. In the third year, the adjustment shall be based on the same index with a minimum of two and one-half percent (2.5) and a maximum of seven (7) percent. . The two-tier benefit system remains unchanged. . In the event of a vacancy the District will meet and confer to limit recruitment to an in-house basis to prevent a potential lay-off. . Nominal increases in tuition reimbursement, dual health coverage waiver, and safety shoes have been included; as well as one Birthday Leave Day. . Numerous language changes in the M.O.U. were agreed upon which will aid both parties in reducing misunderstandings and administering the District's personnel efforts. RE~EWEDANDRECOMMENDEDFORBOARDAcnON SUBJECT ADOPT MEMORANDUM OF UNDERSTANDING (M.O.U.) WITH THE CENTRAL CONTRA COSTA SANITARY DISTRICT EMPLOYEES' ASSOCIATION, PUBLIC EMPLOYEES' UNION, LOCAL NUMBER ONE EFFECTIVE MAY 1, 1994 - APRIL 30, 1997 PAGE 2 OF 47 DATE May 13,1994 Further, one sideletter to the new M.O.U. has been negotiated as part of the overall agreement. The sideletter will establish a joint labor/mid-management/management committee to establish an anti-substance abuse policy and training program. Finally, the cost of this agreement equals $165,882 or $1.20 increase in the sewer service charge. RECOMMENDATION: Adopt the attached M.O.U. between the District and Central Contra Costa Sanitary District Employees' Association, Public Employees' Union, Local Number One effective May 1, 1994 through April 30, 1997. 13028-7/91 . ____~,______.__._,_"__._,_"'__.~__,_....._,__..,_..,___.__.,"_,.__________--4-__._~____ MEMORANDUM OF UNDERSTANDING Between CENTRAL CONTRA COSTA SANITARY DISTRICT And The CENTRAL CONTRA COSTA SANITARY DISTRICT EMPLOYEES' ASSOCIATION PUBLIC EMPLOYEES' LOCAL NO.1 May 1, 1994 through April 30, 1997 TABLE OF CONTENTS ARTICLE I INTRODUCTORY PROVISIONS Page SECTION 1 RECOGNITION AND COVERAGE ........................... 1 1 . 1 Exclusive Representation ................................... 1 SECTION 2 MANAGEMENT AND UNION RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . 1 2.1 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 2.2 District Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 SECTION 3 NON DISCRIMINATION .................................. 1 3.1 No Discrimination ........................................ 1 3.2 Compliance with the Americans with Disabilities Act (ADA) ........... 2 ARTICLE II SALARY PROVISIONS ..................................... 3 SECTION 1 SALARY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1 .1 Merit Increases .......................................... 3 1.2 Certification ............................................ 3 1 .3 Paycheck Distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1 .4 General Increases ........................................ 3 1.5 Out-Of-Class Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.6 Pumping Stations Operator II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1 .7 Utility Worker .......................... . . . . . . . . . . . . . . . . . 4 SECTION 2 LONGEVITY COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.1 Career Service Pay ....................................... 4 SECTION 3 SHIFT DIFFERENTIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3. 1 Work Week. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3.2 Night Shift Differential ...................................... 4 3.3 Swing Shift Differential .................................... 4 SECTION 4 OVERTIME ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4.1 Rate ................................................. 4 4.2 Accumulation ........................................... 4 4.3 Holiday Compensatory Time ................................. 5 SECTION 5 STAND-BY AND CALL BACK TIME .......................... 5 5.1 General ............................................... 5 5.2 Minimum Call Back Pay .................................... 5 5.3 Stand-By Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SECTION 6 CLASSIFICATION REQUIRING CERTIFICATION, REGISTRATION OR LICENSE ............................................ 6 6.1 General ............................................... 6 6.2 Class A/Class B Driver's License .............................. 6 ARTICLE III MISCELLANEOUS PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SECTION 1 MAINTENANCE OF MEMBERSHIP, AGENCY SHOP, DUES CHECKOFF . 7 1 . 1 Application............................................. 7 1 .2 Exclusions ............................................. 7 1.3 Union Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1 .4 Method of Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1.5 Failure to Comply ........................................ 7 1 .6 District Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SECTION 2 GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2.1 General ............................................... 8 2.2 Self Representation ....................................... 8 2.3 Matters Subject to Grievance ................................ 8 2.4 Matters Not Subject to Grievance ............................. 8 2.5 Procedure.............................................. 8 2.6 Miscellaneous Provisions ................................... 9 2.7 Group Grievances ....................................... 10 2.8 Employee-Processed Grievance .............................. '0 2.9 Grievance Witnesses ..................................... '0 2.10 Grievance Processing During Regular Working Hours ............... 10 2.11 Separate Grievance File ................................... '0 SECTION 3 DISCIPLINARY PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 3.1 Disciplinary Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 3.2 Dismissal of an Employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 3.3 Fair and Impartial Hearing for Disciplinary Action and Dismissal of Employees ............................................ 14 3.4 Appeal............................................... 15 SECTION 4 HOURS OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. , 5 4.1 Regular Work Week . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 4.2 Alternative Work Schedules ................................ '5 SECTION 5 TEMPORARY EMPLOYEES ............................... 16 5.1 Appointment Limitation ................................... '6 SECTION 6 APPOINTMENT OF RELATIVES . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16 6.1 Officials.............................................., 6 6.2 Restrictions ........................................... , 6 6.3 Definition............................................. 16 6.4 Application............................................, 6 SECTION 7 EMPLOYEE RECLASSIFICATION REQUESTS . . . . . . . . . . . . . . . . . .. '6 7.1 Procedure............................................. 16 SECTION 8 LAYOFF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17 8.1 Provisions............................................. 17 SECTION 9 PROMOTIONAL OPPORTUNITIES .......................... 17 9.1 General .............................................. 17 9.2 Eligible Classifications .................................... 17 9.3 Failure to Pass Examination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18 9.4 Recommendation For Advancement. . . . . . . . . . . . . . . . . . . . . . . . . .. 18 9.5 Salary Increase ......................................... 18 9.6 Advancement to II Level. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18 9.7 Advancement to III Level .................................. 18 9.8 Absence of Qualified Employees ............................. 19 SECTION 1 0 EXAMINATION PROCEDURES ........................... 19 10.1 Open/Promotional Opportunities . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19 SECTION 11 TRAINEE PROGRAM ................................ " . 20 11 .1 Eligible Classifications .................................... 20 11.2 Pre-Qualifications ....................................... 20 11.3 Selection ............................................. 20 11.4 Promotion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 11 .5 Salary ............................................... 21 SECTION 12 LATERAL TRANSFERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 12.1 Definition ............................................. 21 12.2 Conditions ............................................ 21 12.3 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 SECTION 13 SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 13. 1 Central Safety Committee Membership . . . . . . . . . . . . . . . . . . . . . . . . . 22 13.2 Responsibility .......................................... 22 13.3 Purpose .............................................. 22 13.4 Cooperation ........................................... 22 13.5 Substance Abuse ....................................... 23 SECTION 14 TOOLS AND EQUIPMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 14.1 Uniforms ............................................. 23 14.2 Lockers .............................................. 23 14.3 Cars on District Business .................................. 23 14.4 Safety Shoes .......................................... 24 SECTION 1 5 PROPERTY DAMAGE ................................. 24 15.1 Consideration for Replacement .............................. 24 SECTION 1 6 MILEAGE .......................................... 24 16.1 Allowance ............................................. 24 SECTION 17 DRIVER'S LICENSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 ARTICLE IV BENEFIT PROVISIONS ................................... 25 SECTION 1 EMPLOYEE BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 1 .1 Health Plans ........................................... 25 1.2 Dual Health Coverage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 1 .3 Benefits.............................................. 25 1 .4 Retirement............................................ 25 1.5 Dental Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 1.6 Eye Care Plan .......................................... 25 1 .7 Disability Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 1.8 Term life Insurance Plan .................................. 26 1.9 Deferred Compensation ................................... 26 1 .10 Continuance of Benefit Plan ................................ 26 1 .11 Registration Differential ................................... 26 1 .1 2 Employee Assistance Program (EAP) .......................... 27 SECTION 2 VACATION ......................................... 27 2.1 General .............................................. 27 2.2 Vacation Earnings ....................................... 27 2.3 Use of Vacation Accumulation .............................. 28 2.4 Accrual Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 2.5 Termination ........................................... 28 2.6 Payment of Accumulated Vacation Time ....................... 29 2.7 Integration of Volunteer Pay ................................ 29 SECTION 3 HOLIDAYS ......................................... 29 3.1 Holiday Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 3.2 Weekend-Designated Holidays. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 3.3 Holiday Compensation .................................... 30 SECTION 4 LEAVES ........................................... 30 4.1 Sick Leave ............................................ 30 4.2 Doctor's Release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 4.3 Notification............................................ 30 4.4 Sick Leave Accumulation .................................. 31 4.5 Sick Leave Incentive Benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 4.6 Work Incurred Injuries .................................... 31 4.7 Salary Continuance Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 4.8 Death in Family . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 4.9 Jury Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 4.10 Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 4.11 Pregnancy Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 4.12 Leave of Absence Without Pay .............................. 33 4.13 Court/Witness Appearances ................................ 33 4.14 Family and Medical Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 4.15 Birthday Leave ......................................... 33 SECTION 5 MEAL ALLOWANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 5. 1 Stand-By ............................................. 34 5.2 Call-In Not on Stand-By ................................... 34 5.3 Unscheduled Hold-Over ................................... 34 5.4 Scheduled Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 5.5 Common to All ......................................... 34 SECTION 6 TRAINING .......................................... 34 6.1 Training and Development Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 6.2 Education-Tuition Refund Policy ............................. 34 ARTICLE V CONCLUDING PROVISIONS ................................ 36 SECTION 1 SAVINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 1.1 Invalidation............................................ 36 SECTION 2 APPLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 2.1 Waiver............................................... 36 2.2 Practices ............................................. 36 SECTION 3 TERM ............................................. 36 3.1 Length of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 SECTION 4 DISTRIBUTION OF AGREEMENT ........................... 36 4.1 Shared Cost ........................................... 36 SECTION 5 SIGNATURES TO AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 5.1 Signatures ............................................ 37 SIDELETTER ................................................... 38 ARTICLE I INTRODUCTORY PROVISIONS SECTION 1 RECOGNITION AND COVERAGE 1.1 Exclusive Representation: The Central Contra Costa Sanitary District Employees' Association, Public Employees' Union, local No.1, hereafter known as the Union, is the formally recognized exclusive employee representative for all General employees. The Union shall represent all regular and permanent-intermittent General employees. SECTION 2 MANAGEMENT AND UNION RIGHTS 2.1 Union Rights: The Central Contra Costa Sanitary District Employees' Association, Public Employees' local No. 1 is the exclusive recognized representative of all employees of the District except Management and Management Support/Confidential employees. It is also recognized that the District and duly appointed representatives of the Association will meet and confer in good faith. The District, or any agent thereof, agrees that there will be no interference, restraint, or coercion against the Union or against any employee because of Union membership or Union activity. 2.2 District Rights: The rights of the District include, but are not limited to, the exclusive right to determine the missions of its constituent departments and divisions; set standards of services; determine the procedures and standards of selection for employment and promotion; direct, classify and assign its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of District operations, including but not limited to the contracting or subcontracting of production, service, maintenance or other type of work performed by the District; determine the methods, means, and personnel by which District operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work; provided, however, that the exercise of such District rights shall not conflict with the express provisions of this memorandum. SECTION 3 NON DISCRIMINATION 3.1 No Discrimination: There will be no discrimination by the Union or the District or any agent of either of them because of race, color, creed, national origin, sex, disability, religion, or political beliefs. 1 3.2 Compliance with the Americans with Disabilities Act (ADA): The Union and the District agree to comply with all provisions of the Americans with Disabilities Act including reasonable accommodations for individuals protected under the Act. The District shall meet and confer with the Union prior to any accommodation which might require an exemption from the Memorandum of Understanding. Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited as evidence of a past practice in the grievance procedure. 2 ARTICLE II SALARY PROVISIONS SECTION 1 SALARY 1.1 Merit Increases: Employees normally receive a salary range increase upon satisfactory completion of their Probationary Period and a merit increase of one salary step every twelve (12) months from the date they achieve permanent status until they reach the top of their range. This merit increase shall only be withheld based upon an unacceptable overall evaluation rating as noted in an Employee Performance Appraisal form. During the term of this Memorandum of Understanding (M.O.U.), the District shall use the Employee Performance Appraisal Form attached to this document. 1.2 Certification: Employees may be required to successfully complete certification requirements prior to receiving their salary increases, where required by law or job classification in their currently held position. 1 .3 Paycheck Distribution: The District shall distribute paychecks on the last working day of each month. Any outstanding Vacation, Sick Leave and/or Earned Overtime due the employee at the time of termination, retirement, or resignation will Qe calculated and issued to the employee with the final paycheck. 1 .4 General Increases: Effective May 1, 1994, the District shall continue to contribute all of the employee's basic retirement contribution, and a one and eight tenths (1.8) percent general increase shall be provided to all employees covered by this Memorandum of Understanding. (During the period of this MOU, the employee will continue to contribute to the employee cost-of-living (COL) share of the retirement system as required by the Contra Costa County Retirement System.) Effective May 1, 1995, the wage adjustment shall be based on changes in the Consumer Price Index (CPI) for all Urban Consumers (San Francisco/Oakland) during the February, 1994 to February, 1995 base period. Depending on the CPI, the wage adjustment shall be at least two percent (2%), but no more than six percent (6%). Effective May 1, 1996, the wage adjustment shall be based on changes in the Consumer Price Index (CPI) for all Urban Consumers (San Francisco/Oakland) during the February, 1995 to February, 1996 base period. Depending on the CPI, the wage adjustment shall be at least two and five tenths percent (2.5%), but no more than seven percent (7%). 1.5 Out-Of-Class Pay: Employees assigned to work in a higher classification in the absence of their supervisor shall receive a minimum of one salary step after one continuous week in the higher classification. When a supervisor is absent for one or more continuous weeks and where more than one employee is assigned the supervisor's responsibilities at different times during the absence which may be less than one week per employee, then those employees shall receive a minimum of one salary step for the actual hours worked in the higher classification. 3 .1.6 Pumping Stations Operator II: The established salary range for Pumping Stations Operator II is G-64. However, those Pumping Stations Operator II's who are currently compensated at range G-65, shall continue to be compensated at the G-65 salary range for as long as they remain in the Pumping Stations Operator II classification. 1.7 Utility Worker The established salary range for Utility Worker is G-45. However, those Utility Workers who are currently compensated at higher ranges shall continue to be compensated at the higher salary ranges for as long as they remain in the Utility Worker classification. SECTION 2 lONGEVITY COMPENSATION 2.1 Career Service Pay: A two and one-half (2 1/2%) percent career service pay increase will be granted to employees after ten (10) years of employment with the District. SECTION 3 SHIFT DIFFERENTIALS 3.1 Work Week: The normal work week for full-time non-shift employees is eight (8) hours per day. Although most employees are scheduled to work Monday through Friday, some services and operations are currently scheduled on a 24-hour basis, seven days a week. 3.2 Night Shift Differential: Night Shift Differential applies only to employees who are regularly scheduled to work night shift. The rate of pay for the Night Shift Differential is determined by increasing the basic hourly salary for the job by seven and one-half (7 1/2%) percent. If the night shift is extended beyond the normal assigned shift period (hours or days), overtime will be paid based on the employee's basic salary. 3.3 Swing Shift Differential: Swing Shift Differential applies only to employees who are regularly scheduled to work Swing Shift. The rate of pay for the Swing Shift Differential is determined by increasing the basic hourly salary for the job by five (5%) percent. If the Swing Shift is extended beyond the normal assigned shift period (hours or days), overtime will be paid based on the employee's basic salary. SECTION 4 OVERTIME 4.1 Rate: Employees covered by this Memorandum of Understanding who work more than their regularly scheduled days are compensated at time and one half of the regular basic pay. 4.2 Accumulation: Compensation for overtime work shall be paid at the next pay period, or the time and one-half hours may be accumulated as "Earned Overtime," to a maximum of forty (40) hours with an eighty (80) hour limit on Earned Overtime taken off per year. 4 Exceptions to this limit for bona fide family emergencies shall be considered by the District on a case-by-case basis. When required to maintain the operations of the District, the District may require Overtime. Personnel in the Plant Operations Division who normally work a ten day shift shall be granted an additional sixteen (16) hour limit on earned overtime taken off per calendar year. 4.3 Holiday Compensatory Time: An individual earns Holiday Compensatory Time when his/her regular day off falls on a holiday. Holiday Compensatory Time is recorded in the Accounting Office. Holiday Compensatory Time is earned at the rate of straight time and the time off is given at the rate of straight time. If a person terminates employment with the District before having used up his/her Holiday Compensatory Time, he/she shall be paid for it. SECTION 5 STAND-BY AND CALL BACK TIME 5.1 General: Employees required to be on Stand-By Call are generally on call once every two (2) months for one (1) week. The employee on Stand-By Call receives nine (9) hours extra overtime pay (at one and one half times the basic pay) for the week on call. Pumping Station Operators on Stand-By Call receive eleven (11) hours extra overtime pay (at one and one half times the basic pay) for the week on call. In addition to the basic stand-by compensation, the employee receives a minimum of three (3) hours' pay at time and one half overtime rate for each initial call. If a call requires over three (3) hours, the employee receives time and one half pay for the actual time worked. 5.2 Minimum Call Back Pay: An employee not on Stand-By but who is called back to work shall be compensated at time and one half for a three (3) hours' minimum for each call or time and one half for the actual time worked. 5.3 Stand-By Compensation: The District shall compensate employees who are designated to perform stand-by service. The compensation can either be in money or in earned time off leave, at the employee's option. Stand-By compensation is paid at the rate of one (1) hour of pay at each employee's overtime pay rate for each weekday and three (3) hours at overtime rates for each weekend day and each holiday. At the employee's election, he/she may request that his/her Stand-By compensation, or a portion of it, be credited in its equivalent rate to Earned Time Off leave until a maximum of forty (40) hours of Earned Time Off is accumulated. 5 SECTION 6 LICENSE CLASSIFICATION REQUIRING CERTIFICATION, REGISTRATION, OR 6.1 General: Employees in any classification requiring certification, registration, or license must obtain said license, registration, or certification within one year of hire date or date of promotion or be subject to termination or demotion at the end of one year. 6.2 Class A/Class B Driver's License: The District shall pay the difference in cost between Class C driver's license and Class A/S driver's license for an employee who must renew or obtain his/her Class A/S California Driver's License. The District shall provide a vehicle to take the examination for the Class A or 8 license. 6 ARTICLE III MISCELLANEOUS PROVISIONS SECTION 1. MAINTENANCE OF MEMBERSHIP, AGENCY SHOP, DUES CHECKOFF 1.1 Application: Any current employee who is subject to the provisions of this M.O.U. and whb is a member of Local 1 as of June 15, 1982, or any employee who joins Local 1 during the life of this Memorandum of Understanding shall maintain such membership or, in lieu thereof, pay to Local 1 an agency fee equal to the monthly dues for the duration of this agreement. Any new employee who is hired on or after July 1, 1982, and subject to the provisions of this Memorandum of Understanding, shall as a condition of continued employment either become a member of Local 1 and pay the initiation fee and dues or assessments uniformly required for acquiring and maintaining membership in Local 1 or, in lieu thereof, pay to Local 1 an agency fee in the amount of the initiation fee and dues as specified above. This obligation shall not commence until after the employee has completed thirty (30) days of employment. 1.2 Exclusions: Any employee who is a member of a bona fide religion, body, or sect which has historically held conscientious objection to joining or financially supporting a public employee organization shall not be required to join or financially support Local 1. Those employees may, in lieu of dues, initiation fees, assessments or agency fees, pay sums equal to such dues, initiation fees, assessments or agency fees to a non-religious non-labor charitable fund exempt from taxation under Section 501 (c)(3) of the Internal Revenue Code. The employee shall be required to verify to the Union such payments on a regular basis. 1.3 Union Responsibility: Local 1 shall indemnify and save the District harmless from any cost or liability resulting from any and all claims, demands, suits, or any other action arising from the operation of this provision, including the costs of defending against any such actions or claims. Local 1 agrees to refund to the District any amount paid to it in error. 1.4 Method Of Payment: The District agrees to deduct, on a monthly basis, the periodic membership dues, assessments or agency fees from the paycheck of each employee who voluntarily executes and delivers to the District a valid dues check-off authorization form approved by the District and the Union. The District further agrees to remit such monies to the Union not later than the fifteenth day of each month. Any employee who is required, as a condition of continued employment, to either join Local 1 or pay the agency fee, and who elects not to have such amounts paid by payroll deduction shall individually be responsible for remitting such sums directly to Local 1. 1.5 Failure to Comply: After thirty (30) days of employment and upon written notice from the Union of an individual's failure to comply with the requirements of this provision, such individual shall be notified by the District that his/her employment will be terminated within thirty (30) days of such notification if, by the end of the thirty (30) day period, the Union notifies the District that the requirement has not been met. 7 1.6 District Responsibility: All new employees shall be advised of their obligation under this provision upon their employment by the District and the District shall at that time provide payroll deduction authorization forms for the deduction of initiation fees, dues or agency fee equivalents pursuant to this Section. SECTION 2 GRIEVANCE PROCEDURE 2.1 General: It shall be the policy of the District and the Union to develop and practice reasonable and effective means of resolving difficulties which may arise among employees, to reduce potential problems, and to establish channels of communication. 2.2 Self Representation: The grievant may elect, in writing, to represent himself/herself rather than have the Union provide representation. If the grievant elects to represent himself/herself at this step, or at any later step, the Union shall be relieved of any further obligation of representation and shall be relieved of any obligation to share in any further expense of the grievance procedure. No resolution shall be inconsistent with the terms of this Agreement. 2.3 Matters Subject To Grievance: Any complaint an employee has concerning the interpretation or application of rules, regulations, policies, or procedures governing personnel practices, working conditions, wages, hours, and other terms and conditions of employment. 2.4 Matters Not Subject To Grievance: (1) The District policies, rules, and regulations as such. (2) A rating as given in an Employee Performance Appraisal. (3) Disciplinary and Termination Actions as outlined in Section 3. 2.5 Procedure: Step One The grievant shall, within fifteen (15) working days from when the employee knew or should have known of the occurrence, present and discuss any difference or grievance with his/her immediate supervisor. Both the grievant and his/her supervisor shall make a bona fide effort to amicably settle such differences. The supervisor shall respond within five (5) working days after the final meeting with the grievant. If, after this response, the grievant does not believe the problem has been satisfactorily resolved, then the grievant shall have the right to proceed to Step Two of this procedure within five (5) working days after receipt of the supervisor's written response. Step Two In the event such differences are not settled and the grievant desires the grievance to be considered further, it shall be presented, in writing, within five (5) working days by the employee involved, and/or his/her representative(s) to the grievant's Department Manager. A meeting shall be arranged by the Department Manager within five (5) working days of 8 receipt of the written grievance. The grievance shall be discussed with the grievant and pertinent facts brought to light. The Department Manager shall respond, in writing, within five (5) working days after the final meeting rendering the decision. Failure of the grievant to take further action within five (5) working days after receipt of the decision will constitute withdrawal of the grievance. Step Three In the event such differences are not settled at Step Two and the grievant desires the grievance to be considered further, it shall be presented, in writing, within ten (10) working days to the General Manager-Chief Engineer or his designated representative who will discuss the grievance with the grievant, his representative or representatives, and with other appropriate persons within ten (10) days of receipt of the grievance. The General Manager-Chief Engineer may designate a person not in the grievant's normal line of supervision to advise him concerning the grievance. A record may be maintained of information presented. The General Manager-Chief Engineer shall render a decision, in writing, to the grievant within ten (10) working days after hearing the grievance. Failure of the grievant to take further action within five (5) working days after receipt of the General Manager-Chief Engineer's decision will constitute withdrawal of the grievance. Step Four In the event such differences are not settled and the grievant desires the grievance to be considered further, it shall be presented, in writing, to the Secretary of the District within five (5) days of receipt of the General Manager-Chief Engineer's decision. The Secretary shall calendar the agenda item at the next regularly scheduled Board Meeting in keeping with established guidelines for calendaring an agenda item. The Board shall employ a neutral third party to hear the matter and recommend action to the Board. The District and the Union shall equally share the cost. If the parties cannot agree on a neutral third party, then a list of five (5) neutral individuals shall be requested from the State Conciliation Service and the parties shall use the alternate elimination method to determine who shall conduct the hearing. The Board may adopt, reject, or modify the recommendation of the appointed neutral third party. The decision of the Board is the final action of the District. 2.6 Miscellaneous Provisions: No grievant shall, at any stage of the grievance procedure, be required to meet regarding the grievance with any supervisor or manager without organizational representation, nor shall any supervisor or manager be required to meet with the grievant regarding the grievance without benefit of counselor representation. No waiver of time lines must be granted either party due to the lack of available counsel. In certain grievances, the first and/or second steps may be deleted if the grievance arises out of an action by an authority above the level of the grievant's supervisor. However, 9 such grievances will begin at a level no higher than Step 3 of this grievance procedure. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the lodging of an appeal at the next step of the procedure within the time allotted, had the decisions been given. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance. The time limits specified in this procedure may be extended, in any specific instance, by mutual agreement, in writing. 2.7 Group Grievances: If the grievance involves employees with different immediate supervisors, the grievance may be filed at the appropriate step of the grievance procedure. However, such grievance will begin no higher than Step 3 of this grievance procedure. 2.8 Employee Processed Grievance: An employee covered by this Agreement may present a grievance directly and have such grievance adjusted without intervention of the Union as long as the adjustment is not inconsistent with the terms of this Agreement. 2.9 Grievance Witnesses: The District shall endeavor to make available for testimony in connection with the grievance procedure reasonable requests for District employees to appear when requested by the grievant, the Union, or the District. Any employee witnesses required to appear in connection with this article shall suffer no loss of normal pay, but will not receive any form of overtime compensation in connection with his/her appearance. Such employee witnesses are responsible for informing their immediate supervisor 48 hours in advance or as soon as reasonably possible. 2.10 Grievance Processing During Regular Working Hours: The grievant and his/her representative(s) shall normally be entitled reasonable time to process a grievance during normal working hours with no loss of payor benefits, provided the grievant has the permission of his/her supervisor. Such permission shall not be unreasonably withheld. 2.11 Separate Grievance File: All materials concerning an employee's grievance shall be kept in a file separate from the employee's personnel file which shall be available for inspection only by the grievant; his/her Representative with approval by the grievant; and management, supervisory and confidential employees who can demonstrate a need to review the file. SECTION 3 DISCIPLINARY PROCEDURE 3.1 Disciplinary Action: A. General The District's disciplinary procedure is intended to advise the employee of less than satisfactory behavior or actions on the job, and it is intended to be used as a corrective measure for improvement. The District shall use progressive steps in the 10 disciplinary procedure as follows: Verbal warnings with discussion records, written reprimands, suspension, reduction in rank and/or pay. Notwithstanding the above, the disciplinary measures shall be commensurate with the offense or the continuation of offenses with which the employee is charged. B. Grounds for Discipline 1 . Discourteous treatment of the public or fellow employee including discrimination and harassment that is detrimental to the function of the District. 2. Drinking of intoxicating beverages or use of illegal or unprescribed drugs on the job; or arriving on the job under the influence of such beverages or drugs; or failure to successfully complete a treatment program as agreed to by the District and the employee in lieu of disciplinary action. It shall be the professional treatment provider's responsibility to determine whether or not an employee has failed to meet the requirements of successfully completing the program. An employee who fails to successfully complete treatment or counseling shall be subject to the previously proposed disciplinary action. If the employee successfully completes the program, all disciplinary action shall be suspended for a period of one (1) year after completion of the program. 3. Habitual absence or tardiness 4. Abuse of sick leave 5. Disorderly conduct 6. Incompetency or inefficiency 7. Violation of any lawful or reasonable regulation or order made and given by an employee's supervisor; insubordination 8. Dishonesty 9. Violation of District safety rules and regulations 10. Failure to perform duties 11. Misconduct 12. Storage, carrying or use of firearms or other items traditionally considered lethal weapons on District property 13. Loss of required valid California Driver's License in accordance with Article III, Section 17 11 14. Driving a District vehicle without a valid California Driver's License C. Written Notice All acts of discipline will be documented by a written notice to the employee stating the reasons and grounds for such discipline. The employee must acknowledge receipt of the warning by signing the same at the time of presentation; this signature signifies only receipt of the document, not necessarily agreement to the contents thereof. If employee refuses to sign, such will be noted on the form. All discussion records shall remain a part of the employee's personnel file for a period of 12 months assuming no continuation of similar offense. All records of discipline shall remain a part of the employee's personnel file for a period of three (3) years, assuming no continuation of a similar offense. Negative evaluations which are removed from the employee's personnel file after three years shall be maintained in a separate file by the District's Personnel Officer to be used only in matters involving discrimination, litigation complaints or charges, and grievances alleging disparate treatment. An employee or his/her Union representative, with written authorization of the employee, shall have the right, at any reasonable time, to examine and/or obtain copies of any material from the employee's personnel file in the Personnel Office. It is the employee's responsibility to request removal of the above documentation from his/her personnel file by contacting the Personnel Office. D. Personnel Officer Any offense warranting disciplinary action, with the exception of suspension with pay, is to be cleared through the Personnel Officer prior to any action being taken in order to ensure conformity with rules and procedures. E. Content of Notice After review and discussion with the Personnel Officer, any disciplinary action which may result in suspension without pay shall be set forth, in writing, to the employee at least five (5) working days before the proposed effective date or dates. All notices of proposed action shall be personally served or be mailed by certified mail, return receipt requested, to the last known address of the employee(s). This notice shall be prepared by the Department Manager after consultation with the Personnel Officer and shall contain the following: 1 . A description of the proposed action and its effective date or dates, and the ordinance, regulation, or rule violated. 2. A statement of the acts or omissions upon which the action is based. 3. A statement that a copy of any available materials upon which the action is based is attached. This does not preclude either party from utilizing additional information if the matter should be appealed to the Board. 12 However, this additional material shall be made available at least ten (10) working days before the date of appeal to the Board. 4. A statement advising the employee of the right to seek representation and to request a hearing as provided herein. 3.2 Dismissal Of An Employee A. General: During his/her probationary period, an employee may be dismissed without cause by either the Board, the General Manager-Chief Engineer, or his/her Department Manager with the approval of the General Manager-Chief Engineer. This discharge is at the sole discretion of the District with no recourse under the grievance or appeals provision. A regular employee may be dismissed at any time by the Board of Directors, the General Manager-Chief Engineer, or his/her Department Manager for cause with the approval of the General Manager-Chief Engineer as stated herein. If a promoted, regular employee is found to be unable to adequately perform under the increased responsibility of the new position during the probationary period, the employee shall be demoted back to the previously held position. No other employee in a permanent position shall be displaced by this action. B. Sufficient Cause For Dismissal 1 . Conviction of a felony. (The District will consider the felony conviction in light of the employee's job duties performed.) 2. Fraud or misstatement of qualifications in securing employment. 3. Misappropriation of District funds or property. 4. Intentional or gross misconduct. 5. Failure to respond or improve as specified in Article III, Section 3.1.B. (1-13), or continued behavior as specified in Article III, Section 3.1.8.(1-13), after an evaluation or corrective action plan has failed to produce an improvement in the worker's performance. 6. Incapacity due to mental or permanent physical disability. 7. Gross violation of District safety rules and regulations. 8. Three consecutive days' absence without notice to the District shall be deemed sufficient cause for dismissal providing the employee fails to show satisfactory cause for such action. 13 9. Loss of required valid California Driver's License in accordance with Article III, Section 17. C. Notice of Dismissal After review and discussion with Personnel Officer, all regular employees shall be provided with a notice of dismissal at least five (5) working days prior to the effective date. This notice shall be prepared by the employee's Department Manager after consultation with the Personnel Officer and shall contain the following: 1 . A description of the proposed action and its effective date and the ordinance(s), regulation(s), or rule(s) violated. 2. A statement of the acts or omissions upon which the action is based. 3. A statement that a copy of any available materials upon which the action is based is attached. This does not preclude either party from utilizing additional information if the matter should be appealed to the Board. However, this additional material shall be exchanged between the parties at least ten (10) working days before the date of appeal to the Board. Furthermore, no material shall be based upon hearsay; it must be directly related to the original charges and it shall not be based on events more than three (3) years old, in accordance with Article III, Section 3.1.C., Written Notice. 4. A statement advising the employee of the right to seek representation and to file an appeal as provided herein. 3.3 Fair And Impartial Hearing For Disciplinary Action And Dismissal Of Employees A. Procedure A regular employee upon receipt of a notice of dismissal, demotion, or suspension may appeal, in writing, to the General Manager-Chief Engineer within ten (10) working days of the date of the notification. The General Manager-Chief Engineer may overturn, the Department Manager's decision, affirm, or modify the Department Manager's decision. Should the General Manager-Chief Engineer elect to affirm or modify such decision, then the General Manager-Chief Engineer shall schedule a fair and impartial hearing. The General Manager-Chief Engineer shall appoint the Deputy General Manager to act as the Hearing Officer or, if it has been determined that a conflict of interest exists, or in his absence, another Department Manager may be appointed. In either case, said hearing shall be scheduled within thirty (30) working days. At this hearing the employee may answer the charges against him/her, present any mitigating evidence, or otherwise respond to the Notice of Dismissal. The Hearing Officer shall issue his/her opinion and decision within five (5) working days of the hearing. The Hearing Officer may, based upon 14 the evidence presented at the hearing, concur with the Department Manager's action, recommend a less severe disciplinary action, or order the employee reinstated with full back pay and benefits. B. Appeal to Board of Directors Regular employees dissatisfied with the Hearing Officer's decision, only in matters relating to suspension, reduction in rank or payor dismissal, may appeal to the Board of Directors pursuant to the procedures set forth herein. 3.4 Appeal A. General An employee, except as provided in Sections 4-410, 4-411, 4-412, and 4-415 in Chapter 4 of the District Ordinance Code, may appeal the Hearing Officer's decision by appealing to the Board via filing a written request for hearing with the Secretary of the District within ten (10) working days of receipt of the Hearing Officer's decision. The Secretary shall calendar the matter at the next regularly scheduled Board Meeting in keeping with established guidelines for calendaring an agenda item. B. Board Shall Designate Representative to Hear Appeal The Board shall employ a neutral third party to hear the appeal and to recommend action to the Board. C. Adopt or Modify Recommendation The Board may adopt, reject, or modify the recommendation of the Board-appointed neutral third party. The decision of the Board is the final action of the District. SECTION 4 HOURS OF WORK 4.1 Regular Work Week: The District's regular work week consists of forty (40) hours per week; eight (8) hours per day excluding a 3D-minute lunch break and including two (2) paid 15-minute breaks. The Plant Operations Department, Engineering Department, and Collection System Operations Department all require special working schedules to meet the service demands of the public as well as maintain efficiency. 4.2 Alternative Work Schedules: The District establishes working hours which are consistent with the operating requirements and responsibilities of the various divisions and/or departments of the District. With the approval of the appropriate Supervisor, Division Manager, Department Manager, and the General Manager-Chief Engineer, the District will adjust or readjust the beginning and ending work day hours and/or work week 15 based on a determination that the work or the operation of the unit or other functions of the District will not be impaired by such adjustment. An individual or group of employees within a work unit may request the District to adopt an alternative work schedule, with a written request to their supervisor, who will give full, prompt, and responsible consideration to such requests and forward such request to the appropriate department or division manager with a recommendation. The decision of the District in regard to granting or refusing to grant such requests for work schedule changes is subject to periodic review and/or revision by the District. If during a review of this policy the determination of the District is that modification is necessary, that shall be subject to meet and confer with the Central Contra Costa Sanitary District Employees' Association, Public Employees' Local No.1. SECTION 5 TEMPORARY EMPLOYEES 5.1 Appointment Limitation: A temporary appointment is limited to 2080 hours or eighteen months from the first date of hire. SECTION 6 APPOINTMENT OF RELATIVES 6.1 Officials: Members of immediate family of elected or appointed officials shall not be appointed to District employment. 6.2 Restrictions: Members of the immediate family of employees shall not be employed by the District. Those relatives appointed before July 1, 1982, shall not be appointed to the same division, nor shall be transferred, promoted or demoted into the same division, nor be placed in such a position as to evaluate a relative or be in the same line of supervision. 6.3 Definition: Immediate family members are defined as mother, father, brother, sister, son, daughter, in-laws, or grandparents. 6.4 Application: This provision shall apply to all types of employment status including temporary employees. SECTION 7 EMPLOYEE RECLASSIFICATION REQUESTS 7.1 Procedure: The District is responsible for determining the methods, means,9.7 and personnel by which District operations are conducted including, but not limited to, classifying and reclassifying personnel. However, if an employee has reason to believe that duties and responsibilities are being performed outside of the employee's class description so as to justify a reclassification, the employee may submit that evidence, in writing, through his/her Department Manager to the Personnel Officer. The Personnel 16 Officer shall evaluate the written reQuest with the Department Manager and render an appropriate recommendation. If the recommendation is that a reclassification is appropriate, then that recommendation shall be submitted to the Board of Directors for consideration. SECTION 8 LAYOFF 8.1 Provisions: If layoffs are deemed necessary by the Board of Directors, they will be done in accordance with the layoff provisions as specified in the District Ordinance Code, Chapter 4. The District agrees to meet and confer with the Union on the effects of such layoff . SECTION 9 PROMOTIONAL OPPORTUNITIES 9.1 General: Opportunity for advancement is important to the employee. For this reason, promotions and personnel advancement shall be made from within the work force wherever practicable. The District's Personnel Advancement Policy and Procedure provides employees in positions within designated job families the opportunity to promote to a higher class, without normal recruitment, upon meeting specified performance and testing criteria. The Policy provides flexibly staffed positions from "I" level to the "II" level. In some cases where the "III" level position within a job family is non-supervisory, this program provides employees who meet the specified performance and testing criteria to advance to the specified third level if an opening occurs at that level. 9.2 Eligible Classifications: Positions included in the Personnel Advancement Policy and Procedure are: - Accounting Technician I to II to III - Buyer I to II to Senior Buyer (non-supervisory) - Chemist I to II - Engineering Applications Technician I to II - Engineering Technician I to II to III (non-supervisory) - Graphics Technician I to II to III - Maintenance Crew Member I to II to Maintenance Crew leader - Maintenance Office Coordinator I to II - Maintenance Tech I to II to Electrical Technician (non- (supervisory) - Maintenance Tech I to II to Instrument Technician (non- supervisory) - Maintenance Tech I to Maintenance Tech II Machinist, to Machinist (non-supervisory) - Maintenance Tech I to II to III, Mechanical (non-supervisory) - Materials Coordinator I to II to III (non-supervisory) 17 - Operator I to II to III - Pumping Stations Operator I to II - Secretary I to II to III - Source Control Coordinator I to II - Source Control Inspector I to II 9.3 Failure To Pass Examination: If the employee fails to pass the performance test for advancement, suggestions for improvement shall be made to the employee. The employee is eligible to re-test after three (3) months. 9.4 Recommendation For Advancement: The recommendation for advancement shall be requested from the supervisor by the employee or initiated by the employee's supervisor based on the supervisor's evaluation that the employee's performance is completely satisfactory in the present position and the employee qualifies for advancement to the higher position. This recommendation must be approved by the Department Manager and the General Manager-Chief Engineer. A. The supervisor must file a written recommendation. B. When an employee requests a recommendation from his/her supervisor, it shall be the responsibility of the supervisor to respond to the request. 9.5 Salary Increase: Employees who advance to the second level position will be given a minimum of a one-step salary increase and will be on probation for six to twelve months. 9.6 Advancement To II level: Entry level employees may be advanced to the journey level position (second level position) if the following requirements are met: A. The employee has been in the entry level position for a minimum of 18 months. B. The employee has met the qualifications of the second level position by means of on-the-job training, experience, continuing education, and/or organizational certification as spelled out in the class description and department standards. C. The employee has successfully passed a performance test for advancement approved by the Department Manager and the Personnel Officer. 9.7 Advancement To III level: Second level employees may advance to the third level if the following conditions exist: A. The position is noted under II above. B. The employee has been in a second level position for a minimum of 12 months. 18 c. The employee has met the Qualifications of the third level position by means of on-the-job training, experience, continuing education and/or organizational certification. D. The employee must pass a standardized written and/or oral examination approved by the Department Manager and the .Personnel Officer with specific emphasis on the duties and skill required for the position. The District shall determine the method of evaluation as a means of measurement of knowledge, skills, and ability. E. There must exist an open position in the third level: 1 . An employee in the third level vacating the position, or 2. The Board of Directors authorizing a new position at the third level. F. Employees who advance to the third level position shall be given a minimum of a one-step salary increase and will be on probation for a 12-month period. 9.8 Absence of Qualified Employees: If there are no employees at the II level who Qualify for an opening at the III level, then the District shall institute open and promotional recruiting. SECTION 1 0 EXAMINATION PROCEDURES 10.1 Open/Promotional Opportunities: When an opening occurs for a position which is not included in the Personnel Advancement Policy, employees may compete on an open/promotional basis. Employees must meet the minimum Qualifications of the open position to apply. At the conclusion of the recruitment and testing process, an eligibility list of candidates will be prepared. A District manager or his/her designated representative will interview and select from the candidates on the eligibility list in the following manner: the three highest ranking regular District employees shall be interviewed and any outside candidates who place among the top three candidates on the eligibility list shall be interviewed. The top (3) internal applicants shall be invited to final selection interview. No external applicant shall be interviewed for final selection unless he/she scores in the top three of all applicants. In the event that a vacancy occurs or exists and the possibility of layoffs exists due to the elimination of a position or positions, management may limit recruitment. The District agrees to notify the Union of this occurrence, and the parties agree to meet and confer. 19 SECTION 11 TRAINEE PROGRAM 11.1 Eligible Classifications: The District shall establish and maintain a Trainee Program for the classifications of Maintenance Technician 1/11, Pumping Stations Operator 1/11, Plant Operator 1/11, Maintenance Crew Member 1/11, and Permit Services Technician. The purpose of this program is to provide advancement opportunities for District employees interested in the aforementioned positions. 11.2 Pre-Qualifications: - Valid California Driver's License - Completion of the twelfth grade or equivalent - Must be willing to work shifts on weekends and holidays if required by the position - Successful completion of a physical examination related to the type of work - Successful completion of related educational courses - Current regular employee of the Central Contra Costa Sanitary District 11.3 Selection: Selection of employees to be transferred to the Trainee Program will occur by the following procedural sequence: A. Position opening posted on bulletin boards for one week B. Employee applies for transfer to Trainee Program opening C. Applicants are interviewed by a panel of one member of the Affirmative Action Committee, one supervisor, and one manager from the department where the Trainee position is open. Work performance and seniority shall be among the factors for selection considered by the committee. D. Interview panel recommends selection E. Department Manager makes final selection. Employees not selected may receive the reasons in writing upon request. 11.4 Promotion: The Trainee Program is intended to provide a period of preparation and training for promotion into the 1/11 series of Maintenance Technician, Pumping Stations Operator, Plant Operator, Maintenance Crew Member, and the position of Permit Services Technician. The training period will be for one year. At the conclusion of the one-year period and upon successful completion of the training course, the trainee will advance to the appropriate 1/11 classification. If, during the training period, the supervisor and Department Manager determine the employee's performance is unsatisfactory and after attempts to correct any deficiencies it is apparent to them that the employee will not successfully complete the training period, the employee will be transferred back to his/her formerly held position. Also, if the employee determines that helshe discontinues the program, helshe shall be transferred back to hislher formerly held position. A written evaluation will be completed every two months. 20 .----,...-.-------,., -.._---_..__._-_.__._._._-,---_.,~,.__.-------------_.,----,-,,------,-~._--._-_.."-_.~--~._-_._-------_.'"--~-_.-....-.---.- -,~._--"-,_.._----_.,--"-,_..~.._-,-- Notwithstanding any other provision of the Memorandum of Understanding, an employee hired to replace a trainee may, at the discretion of management, fill the position until the recruitment is completed and vacancy filled. The posting for a Trainee position will only occur in the event of a vacant regular position. There will only be one trainee per classification. If applications for an open trainee position are not received by the filing deadline, recruitment will be advertised as open and promotional at the 1/11 level. Employees in the trainee program will be eligible to apply for openings in any position within the job family at the 1/11 level during the one year period of training. 11.5 Salary: Trainees will be compensated at the rate of pay in their most recent regular position unless such rate is higher than the I classification of the job for which they are training; in that case, the salary during training would be reduced to the I level. Normal step raises and seniority will not be affected by the transfer to the Trainee Program. If the Trainee's Performance Appraisal for a step raise is scheduled within the first ninety days of program participation, the evaluation will be completed by the immediate past supervisor. If the Performance Appraisal for a step raise is scheduled later during the training period, the evaluation will be completed by the supervisor the trainee reports to in the program. SECTION 12 LATERAL TRANSFERS 12.1 Definition: The movement of a regular status employee from a position within a department, or from a department to a regular position in another department in the same classification, is considered a lateral transfer. 12.2 Conditions: The following conditions must exist: A. An authorized position must be vacant and the Department Manager has determined that the vacancy within his/her department must be filled. B. All individuals eligible (in the same classification), who are not on probation in their first year of District employment, and who submit applications to the Personnel Office will be interviewed by the Department Manager when a vacancy exists and will be considered prior to any other recruitment activity. C. Factors to be considered regarding a transfer will include, but not be limited to, related experience, job performance, and seniority with the District. If all other factors are substantially equal, seniority will prevail in the selection of the transferee. D. The General Manager-Chief Engineer approves the transfer. 21 12.3 Procedure: Whenever a District-authorized position becomes vacant and another position exists in the same classification, then the District shall: A. Post a lateral transfer job announcement for a period of five (5) working days, prior to any other notice to recruit and include the following information: 1. Class description, positional duties, if appropriate. 2. Job location. 3. Department and division, supervisor, and hours at the time of position opening. 4. Final filing date. B. The District shall notify an applicant within ten (10) working days after the final filing date regarding acceptance or denial of the transfer. C. When a lateral transfer opportunity is posted and not filled, the position shall be filled in accordance with District Ordinance Code, Chapter 4. If a promotional examination is deemed appropriate, the examination posting period will be reduced so that the total time period for the posting of the lateral and promotional examination shall not exceed three (3) weeks. SECTION 13 SAFETY 13.1 Central Safety Committee Membership: The District Central Safety Committee shall include four (4) members appointed by the Union. One appointee shall be from the Plant Operations Department/Maintenance, the second appointee shall be from the Plant Operations Department/Operations, the third appointee shall be from the Collection System Operations Department, and the fourth appointee shall be either from the Engineering or Administrative Department. 13.2 Responsibility: Those employees represented by the Employees' Association, Local No. 1 and the District shall work towards maintaining a safe working environment in all the District's divisions and departments. The District will continue to make reasonable provisions for the safety and health of its employees during the hours of their employment and maintain a strong safety program whose aim is to prevent accidents and injuries. 13.3 Purpose: The District's ongoing safety program is directed at preparing employees to recognize unsafe conditions and to avoid them and how to work safely in the vicinity of potentially hazardous conditions when it is necessary. 13.4 Cooperation: The employee shall cooperate towards this common goal by 22 " -+"'--'-~'-""--"'-"'-'--'-'----"-________"________________,__.......____.___M__'___~,_,_._"...".__"'_,_._.._____ __ ,~., ___.,__"___~___~__.____.____..__._._".__ ,._ participating in the various safety programs developed by the District. 13.5 Substance Abuse: In cases where employee admits an alcohol or drug abuse problem that interferes with regular work duties, the District may offer the employee the option to hold in abeyance proposed disciplinary action and refer the employee for appropriate counseling or treatment. The District further agrees that an employee will not be dismissed while actively participating in such treatment or counseling programs. The determination of actively and participating in such treatment or counseling programs shall be made by the professional treatment provider of the service. The District shall provide this program to the first-time offender unless the District believes that the employee presents a clear and present danger to himself/herself, other workers, or the public. The employee may use all available leaves, including vacation, sick leave and compensatory time, in order to allow the employee to participate in the program. In addition, the employee shall have the right to access Article IV, Section 2.6 of the M.O.U. towards the cost of any program. SECTION 14 TOOLS AND EQUIPMENT 14.1 Uniforms: The District furnishes work uniforms and laundering of them for certain operational personnel. 14.2 Lockers: The District shall provide two (2) lockers for most of those employees required to wear uniforms during his/her working hours. Lockers are District property and may be searched by management at any time without advance notice. If the locker is to be inspected and the employee is on the jobsite, the employee will be' allowed to be present, and shall have the right to have Union representation when the locker is inspected. The District will be responsible for replacing damaged locks. It is the employee's responsibility to secure his/her valuables. The District assumes no liability in the case of loss or theft. 14.3 Cars on District Business: When an employee is on District business requiring transportation, a District vehicle shall be used when practicable, with prior approval of the employee's supervisor. If a District vehicle is not available and the employee has the approval of his/her supervisor, a privately owned vehicle may be used on District business and be compensated on a mileage basis. District cars are not to be used on private business. Some employees whose work requires considerable driving and frequent call outs are assigned a District vehicle at the discretion of the General Manager-Chief Engineer. Employees who do not have personally assigned vehicles shall utilize the District vehicle pool. Each employee is held responsible for any traffic citations received. 23 -_.__._-,-_.._.---_.~--_._---,--_._,-~_._-------_., 14.4 Safety Shoes: Employees regularly exposed to foot injuries are required to wear safety shoes. Employees who are periodically exposed to foot injuries are advised to wear safety shoes. Employees will be informed by their immediate supervisor whether or not they are required to wear safety shoes. Employees who are either required or advised to wear safety shoes shall be provided one pair of safety shoes by the District from a District-designated supplier at a cost not to exceed $95 per pair of safety shoes, effective May 1, 1994; $100 per pair of safety shoes, effective May 1, 1995; $105 per pair of safety shoes, effective May 1, 1996, plus replacement if shoes become unusable while performing District business. Safety shoes requiring replacement shall be turned in to the employee's immediate supervisor who makes the appropriate determination as to their replacement and notifies the employee on how to proceed with shoe replacement. SECTION 15 PROPERTY DAMAGE 15.1 Consideration for Replacement: The District discourages the use or display of personal property not required for the job by the employee at work. The District shall consider the replacement of damaged personal property on a case-by-case basis. SECTION 16 MILEAGE 16.1 Allowance: The District-wide mileage allowance for the use of personal vehicles on District business shall be paid as allowed by the Internal Revenue Service without tax consequences. SECTION 17 DRIVER'S LICENSE Employees required by their classification to possess a valid Class A, B, or C Driver's license must report any suspension or revocation of their driver's license to Personnel within 24 hours or the next regular work day of a conviction or loss of driver's license or driving privileges. In positions where possession of a valid California Driver's License is mandatory and an employee has his/her license revoked or suspended, the District may impose disciplinary action up to and including suspension, demotion, or termination. The District will consider reasonable accommodation options when practical for the duration of the employee's inability to perform duties. Discipline may be imposed only if reasonable accommodation options have been exhausted. Employees must report all citations received in a District vehicle before the end of the workday or at the start of the following workday for citations received outside of the District's regular work hours. 24 ARTICLE IV BENEFIT PROVISIONS SECTION 1 EMPLOYEE BENEFITS 1.1 Health Plans: Current regular or probationary employees hired by the District prior to May 1, 1985, shall be provided with a fully paid Kaiser Health Plan or Qual-Med Health Plan. Should the cost of the Qual-Med Health Plan exceed the cost of the Kaiser Health Plan by more than ten (10%) percent, the employee enrolled in Qual-Med shall be required to contribute the premium amount above the ten (10%) percent differential. Those current employees, regular or probationary, enrolled in the Kaiser or Qual-Med Health Plans may transfer to the Prudential Health Plan, at the time of open enrollment: however, the employee must pay the difference in cost between the plans. Employees currently covered by Prudential shall be allowed to continue this program at District expense and any increase in the cost of the Prudential Plan will be borne by the District. Employees hired after May 1, 1985, will be provided with the District's Kaiser Health Plan at no cost or the Qual-Med Health Plan in accordance with the above paragraph. If such employees choose to be covered by the District's Prudential Plan, the employees must pay the difference in cost between the Plans. 1.2 Dual Health Coverage: Those employees having dual coverage under a health insurance program may withdraw from the District's health insurance coverage and, in lieu of such coverage, receive additional monthly compensation in the amount of $130.00, effective May 1, 1994; $135.00, effective May 1, 1995; and $140.00, effective May 1, 1996. Continuation of this program is subject to Health Plan carrier acceptance. 1 .3 Benefits: The parties agree that in the event that federal health care reform legislation becomes effective during the term of this Agreement which calls for health and other benefits different, or under different terms than those provided for in the Agreement, they will immediately meet and confer for appropriate modifications. 1.4 Retirement: The District shall provide a retirement program for all employees covered under this M.O.U. District employees who were members of the Retirement Association on or prior to March 1, 1973, and who have vested thirty (30) years service in the Retirement Plan are not required to make any further contributions to the Retirement Plan. Those District employees so qualifying shall be entitled to receive a cash supplement to their compensation equivalent to and in lieu of any District payment as may be granted and made as a portion of employee retirement contributions to the retirement program. 1.5 Dental Plan: The District shall provide a dental care program for all employees covered under this M.O.U. 1.6 Eye Care Plan: The District shall provide a visual eye care program for all employees covered under this M.O.U. 25 1.7 Disability Plan: The District shall provide a disability program for all employees covered under this M.O.U. 1.8 Term Life Insurance Plan: For current regular or probationary employees hired by the District prior to May 1, 1985, the District shall provide a term life insurance policy equal to two times the employee's annual salary at Step E to a maximum of $50,000. For regular or probationary employees hired by the District after May 1, 1985, the District shall provide a term life insurance policy equal to one times the employee's annual salary at Step E to a maximum of $50,000. 1.9 Deferred Compensation: The District shall offer a Deferred Compensation Plan which affords employees the opportunity to defer receipt of a portion of their salary for savings purposes, thus taking advantage of deferring payment of income tax until withdrawal. To participate, the employee may defer up to the amount allowed by law. If the employee chooses to participate in this plan, the District will, in lieu of Social Security, contribute an amount equal to that which normally would have been contributed by the District to Social Security. 1.10 Continuance of Benefit Plan: The District shall have a program which provides a continued degree of responsibility to the employee upon retirement and to the dependents of a deceased employee. The program for retired employees hired by the District prior to May 1, 1985, and their dependents shall provide for the continuance of medical, dental, and reduced life insurance plans (1/2 of life insurance at time of retirement) in force at the time of retirement. The program for retired employees hired after May 1, 1985, and their dependents shall provide for the continuation of medical and dental and reduced life insurance plans ($10,000 policy) in force at the time of retirement with the exception that the District shall continue to pay for the full cost of a retired employee's medical and dental coverage until the employee's 65th birthday. At age 65, employee shall pay the District 50% of the cost to the District for the employee's medical and dental coverage. The medical coverage after age 65 will be integrated with Medicare. The program for dependents of a deceased employee shall provide for the continuance of health and dental benefits for the length of that employee's total service with the District (in other than temporary status), or until such time that the spouse remarries, or until such time that the dependents no longer qualify for benefits as stated by the District's policies. 1.11 Registration Differential: The Central Contra Costa Sanitary District shall grant salary merit increases to regular employees who achieve registration or license as Professional Engineer, Land Surveyor, or Certified Public Accountant while employed by the District in a position not requiring such registration or license. Such merit increase shall be subject to the employee's demonstration of ability to assist in the accomplishment of District activities requiring a level of skills and importance normally expected from a person with such certification. The salary merit increase shall be in the 26 amount of a one step increase of the employee's basic salary. Employees shall be responsible for producing the evidence of qualification for such merit increase to their respective supervisors for consideration under this policy. The Supervisor shall, upon receipt of the employee's evidence of qualifications, review such evidence and if found to be affirmative, give written recommendation for a merit increase to the Department Manager. Upon review and concurrence by the Department Manager, the recommendation shall be forwarded to the General Manager-Chief Engineer for his approval. If approved by the General Manager-Chief Engineer, the matter shall be presented to the Board of Directors for consideration. The District Board of Directors shall consider each recommendation of the merit increase, and, if granted, it shall become initially effective on the date that the employee makes written application to the Board indicating receipt of notification of the registration and/or license and will continue while that employee occupies a position not requiring such registration and/or license. 1.12 Employee Assistance Program (EAP): The District will provide an Employee Assistance Program. SECTION 2 VACATION 2.1 General: All employees, with the exception of Temporary status employees, earn paid vacation time from the first month of employment. However, a new employee without District tenure may not use any accumulated vacation time until after completion of six (6) months' service. Thereafter, accumulated vacation time may generally be used as desired, subject to the approval of the Department Manager subject to two (2) weeks' notice in advance. The schedule of vacation days and the maximum number of vacation days which may be accumulated and deferred is shown in the following tables. Once vacation leave or earned compensatory time is granted by the District, the leave may only be denied under emergency situations as determined by the Department Manager. If leave or earned compensatory time is requested to take place within thirty (30) calendar days of the request, the District shall grant or deny the leave within five (5) working days. 2.2 Vacation Earnings: A. Current regular or probationary employees hired by the District prior to May 1, 1985, earn ten (10) hours of vacation per month worked plus additional allowance for longevity after five (5) years. 27 Vears of Service Annual Vacation Allowance Maximum Number of Vacation Days Which Can be Accumulated and Deferred 0- 5 Years 5-10 Years 1 0-1 5 Years 15-20 Years 20-25 Years 25-30 Years 30 & Over 1 5 Days 16 Days 1 7 Days 20 Days 25 Days 30 Days 35 Days 30 Days 32 Days 34 Days 40 Days 50 Days 60 Days 70 Days B. Regular or probationary employees hired by the District after May 1, 1985, earn 6.67 hours of vacation per month worked 0-3 years; and ten (10) hours of vacation per month worked 3-5 years; plus additional allowance for longevity after five (5) years worked. Vears of Service Annual Vacation Allowance Maximum Number of Vacation Days Which Can be Accumulated and Deferred 0- 3 Years 3- 5 Years 5-10 Years 10-15 Years 15-20 Years 20-25 Years 25 & Over 1 0 Days 1 5 Days 1 6 Days 1 7 Days 20 Days 25 Days 30 Days 20 Days 30 Days 32 Days 34 Days 40 Days 50 Days 60 Days 2.3 Use of Vacation Accumulation: All employees shall be afforded one calendar year from the anniversary date to use such extra vacation days to or below the permitted maximum limits prior to any forfeiture of vacation days. 2.4 Accrual Credit: The extra days accrued due to service of over five (5) years are credited to each employee's account on his/her anniversary date. Employees are notified as they reach the maximum accrual limit. 2.5 Termination: If an employee leaves the District for any reason, he/she will be paid for any earned vacation time not used. 28 ._~----_.~._---,..,---_.,.__."-_._---->.,-_._---~._,--,'--~--_.__._......~---_._._,.,"~._"--"---,-.."----"---------._-_._.._----,---~ 2.6 Payment of Accumulated Vacation Time: A. Employees may request payoff of accumulated vacation time. B. Payment shall be considered if the applicant can demonstrate the need for payment to alleviate serious financial problems. C. Employees must have either taken 10 days of vacation time within the calendar year of application or have accrued sufficient vacation time to take a mandatory ten days of vacation time off within the calendar year of application. D. The maximum number of days which will be considered for payment in anyone calendar year shall be twenty (20) days. E. The employee shall submit a letter of request for payment of accumulated vacation to his/her Department Manager which shall include the number of days pay requested and the reason for the request. The request will then be submitted to the General Manager-Chief Engineer. If all of the conditions specified above are satisfied, the request will be considered. The above policies do not apply to termination of employment or retirement. 2.7 Integration of Volunteer Pay: District employees who are volunteer police or fire fighters shall be allowed to integrate vacation pay with police or fire fighter pay for the period of time they are called to serve in a civil or state emergency. SECTION 3 HOLIDAYS 3.1 Holiday Schedule: There are thirteen (13) paid holidays. o New Year's Day (January 1) o Veteran's Day (November 11) o Martin Luther King, Jr.'s Birthday (Third Monday in January) o Thanksgiving Day (Fourth Thursday in November) o Lincoln's Birthday (February 1 2) o Day after Thanksgiving o Washington's Birthday (Third Monday in February) o December 24 o Memorial Day (Last Monday in May) o December 25 29 o Independence Day (July 4) o December 31 o Labor Day (First Monday in September) 3.2 Weekend-Designated Holidays: If a designated holiday falls on a Saturday, the preceding work day not a holiday shall be deemed to be the holiday and if the holiday falls on a Sunday, the following work day not a holiday shall be deemed to be that holiday. 3.3 Holiday Compensation: All employees, with the exception of Temporary status employees, who are required or authorized to work on a holiday listed above, will be paid at the rate of time and one-half the normal regularly assigned basic pay rate in addition to the normal monthly pay except for New Year's Day, Thanksgiving Day, and Christmas which will be paid at a double-time rate in addition to the normal monthly pay. Employees required to work on a Friday immediately preceding a holiday or Monday immediately following will receive pay at time and one-half the normal basic pay rate or receive time and one-half off at a later date. SECTION 4 LEAVES 4.1 Sick Leave: Current regular or probationary employees hired by the District prior to May 1, 1985, earn fifteen (15) days' sick leave per year. Regular or probationary employees hired by the District after May 1, 1985, earn twelve (12) days' sick leave per year. Sick leave is to be used only in case of real sickness, disability, medical or dental care for the employee, or up to ten (10) days annually may be used to attend to the health needs of an immediate family member. If all accumulated sick leave is used, earned vacation time may be used as sick leave in order to receive full regular pay. Probationary employees are eligible to use earned sick leave as required. 4.2 Doctor's Release: If absence due to illness or injury exceeds five (5) working days, the District may, through the Personnel Office, require a doctor's release upon the employee's return to work. However, the District may, after consultation with the employee and with advance written notice, require a doctor's release to return to work for any sick leave time taken. In cases where the District has cause to believe it would be in the employee's best interest, for reasons of health and safety, the District may require a Functional Capabilities Evaluation signed by the employee's treating physician or the District's Occupational Health Physician before the employee is allowed to resume full duties after an illness or injury. In the event the employee is not able to have the Functional Capabilities Evaluation form completed immediately, the District will accept a less complete release signed by a medical doctor for a period of five (5) days to allow for the return of the Functional Capabilities Evaluation form. 4.3 Notification: An employee must notify the immediate supervisor if calling in sick at the beginning of the employee's assigned work hours; if the immediate supervisor is 30 unavailable, then the notification shall follow the chain of command. 4.4 Sick Leave Accumulation: Unused sick leave accumulates from one year to the next. There is no maximum limitation. The balance of unused accumulated sick leave is credited as longevity upon retirement. 4.5 Sick Leave Incentive Benefit: For current regular or probationary employees hired by the District prior to May 1, 1985, the District shall augment the regular sick leave policy with an incentive benefit using a formula crediting eighty five (85%) percent of the employee's yearly unused sick leave to an accumulating account for that person. For regular or probationary employees hired by the District after May 1, 1985, the following schedule shall apply: Years of Pay-off Credit Pay-off Credit Service at Termination at Retirement o - 5 Years o Percent o Percent 5 - 10 Years 25 Percent 25 Percent 10 - 25 Years 25 Percent 35 Percent 25 and Over 25 Percent 40 Percent Payment for all credited sick leave will be made upon retirement or termination of employment only if the employee provides the District with a minimum two (2) weeks' notice. 4.6 Work-Incurred Injuries: The District's policy for charging sick leave for work-incurred injuries or illness shall be as follows: An employee requiring medical attention for a work-incurred injury or illness will not be required to charge the portion of time spent on the day of injury receiving medical care to his/her sick leave record. After the doctor has released the employee from his office, any additional time off on that day will be charged to the employee's sick leave account. The day the injury or illness occurred is considered to be the first day of the three-day waiting period required by State Compensation and the District Salary Continuance Plan. 4.7 Salary Continuance Plan: It shall be the general policy of the District to continue pay to an employee under the Salary Continuance Plan when an employee incurs a work-related injury or illness. This plan commences if the employee qualifies for temporary disability payments from Worker's Compensation for the disability and, if in the opinion of the District, the disability is work-related. If the injury or illness is determined legitimate, all of the employee's regular benefits will continue during the time this plan is in effect. The salary continuance will be equivalent to seventy (70%) percent of gross 31 compensation less any Worker's Compensation payments. The maximum period for which this plan could be used by an employee will be six (6) months or until a stable level of disability is reached, whichever occurs first. The Salary Continuance Plan will commence on the fourth day after the disabled employee leaves work as a result of the injury or illness after a three-day waiting period. However, if the injury or illness causes disability of more than twenty-one (21) days or necessitates hospitalization, the Salary Continuance Plan will become effective from the first day the injured employee leaves work as a result of the injury or illness. The employee may use vacation or sick leave accrual or earned overtime during this waiting period. 4.8 Death in Family: In the event of a death in the immediate family of an employee, the employee may, after notifying his/her supervisor, be absent up to a maximum of five (5) days and have the time off charged to his/her sick leave account. Accrued vacation time may be used if additional time is required. If the employee does not have sufficient vacation time or earned overtime available, he/she may use up to three days of leave without pay, with Department Manager approval. "Immediate Family" consists of the following persons; mother, father, husband, wife, brother, sister, son, daughter, in-laws, or grandparents. Verification may be required. 4.9 Jury Duty: If an employee is called for jury duty, he/she may either take the time off with pay and turn over to the District any monies received (not including mileage allowance or meal expense) as a juror, or he/she may take vacation leave or leave without pay and keep all the monies paid to the employee. Mileage allowances shall be kept by the employee under any circumstances. Shift workers summoned for jury duty shall be rescheduled to avoid serving on jury duty during the day and working at night on the same day. 4.10 Military Leave: Employees who are assigned to military duty are entitled to military leave in accordance with the provisions of applicable state laws (California Military and Veterans Code, Section 395 et seq.). 4.11 Pregnancy Disability: For the purposes of State Disability Insurance, Pregnancy Disability Leave is effective the first date the employee is disabled, e.g., if an employee's last day of work is 9/1, and the baby is delivered on 10/1, then the effective date of Pregnancy Disability Leave will be 9/1. The District will require verification from the employee's physician, Upon termination of the disability, (generally six weeks following a regular delivery; eight weeks following a Caesarean Section, or the length of the disability), the employee will no longer be able to use sick leave, but will be allowed to use any accrued vacation, earned overtime or leave without pay. The combination of time off for approved Pregnancy Disability Leave and Family Medical Leave may not total more than seven months per occasion. This requires the approval of the Department Manager. 32 4.12 Leave of Absence Without Pay: Employees may request a leave of absence without pay through his/her supervisor. A leave of absence without pay for up to thirty (30) working days may be approved by the Department Manager and the General Manager-Chief Engineer. Longer leave shall require the approval of the Board of Directors and may be made if there is a compelling reason and the employee'S work unit will not be unduly affected by the employee's absence. During an extended leave, the employee's employment status and seniority will remain unchanged. Health plan insurance benefits will be continued for only medically-related leaves. However, all other rights, privileges, and benefits of employment are suspended until the employee's return to active employment. 4.13 Court/Witness Appearances: In the event District's legal counsel requires or District management approves the attendance and/or participation of an employee in legal proceedings such as depositions, judicial mediations, judicial arbitrations, or trials of lawsuits to speak as a representative of the District, the employee will be compensated as if the employee were at work. An employee called by anyone other that District counsel shall be required to apply for vacation leave, earned overtime, or a leave of absence without pay. This provision is effective for litigation commencing from the day of ratification. 4.14 Family and Medical Leave: The District will comply with the provisions of the Family and Medical Leave Act and the California Family Rights Act. The District will require an employee to exhaust his/her sick leave prior to considering a leave of absence without pay for the purposes of family or medical leave. 4.15 Birthday Leave: Each employee covered by this agreement shall receive a paid leave day for their birthday. A. This day shall be taken on the employee's birthday. B. If the birthday is on a Saturday, it will be taken on Friday; if it falls on a Sunday, it will be taken on Monday. C. If the leave cannot be taken on the birthday because of District work demands, it must be taken within two weeks after the birthday on a date mutually agreed upon by the employee and supervisor. D. If this day is not used, it is lost. E. Under no circumstances will the employee receive any premium, holiday pay, or additional compensation for working on their birthday. F. Nothing involving the date selected or the method of selection shall be subject to the grievance provisions of the Memorandum of Understanding. 33 SECTION 5 MEAL ALLOWANCE 5.1 Stand-By: Employees other than Operations personnel who are on paid stand-by and called in will receive a aD-minute paid meal break after four (4) hours' overtime work, but not meal allowance. 5.2 Call-In Not On Stand-By: Those called in who are not on stand-by, other than Operations personnel, will receive a paid aD-minute meal break after four (4) hours' overtime work. In addition, they will receive an $11.00 meal allowance. Operations personnel will receive the meal allowance, but not the paid meal break. 5.3 Unscheduled Hold-Over: Employees other than Operations personnel who are held over on shift will receive a paid aD-minute meal period plus an $11.00 meal allowance after four (4) hours' overtime work. Operations personnel will receive the meal allowance, but not the paid meal break. 5.4 Scheduled Overtime: Employees who are on scheduled Overtime who are not hold-overs will receive neither a meal allowance nor a paid meal period. A minimum of twenty-four hours' notice to work overtime shall constitute scheduled overtime. 5.5 Common To All: All employees other than Operations personnel who work in excess of four (4) hours after completion of the first meal period will be entitled to a second meal period and payment of $11.00. Operations personnel will receive the meal allowance, but not the paid meal break. Meal periods and meal allowances will be paid only for overtime hours and will not be paid for scheduled working hours. The paid meal period includes cleanup time. Receipts will not be required for meal allowances. The meal allowance will be paid by separate check according to the accounts payable cycle. SECTION 6 TRAINING 6.1 Training and Development Policy: It is the goal of the Central Contra Costa Sanitary District to carry out its responsibilities with the best possible balance of effectiveness and economy. This goal can best be accomplished by helping its employees develop the skills, knowledge, and understanding to perform essential tasks. The development of the skills, knowledge, and understanding is the responsibility of each employee and will be supported by the District through a flexible program of employee training and development. This program will include, but not be limited to, education tuition reimbursement, seminars, conferences, training sessions, and on-the-job training. 6.2 Education-Tuition Refund Policy: The District will reimburse employees (with the exception of those in a temporary status or on a L.O.A.) desiring to further their education for the purpose of improving their on-the-job-performance. Approval will be given for courses within the scope of the employee's employment field and District job 34 responsibilities, and for training for higher positions within the job family. Class and study time must be outside of the employee's working hours, and the completion of the course must result in at least a C grade or its equivalent. The maximum tuition refund to an eligible employee shall not exceed $650 per fiscal year, effective May 1, 1994; $675 effective May 1, 1995; and $700 effective May 1, 1996. An employee may elect to apply part of the tuition refund toward the purchase of course-required textbook(s), which will then be retained by the District at the completion of the course. Requests for the budgeting of education tuition refunds must be submitted to the employee's Department Manager by March 15 of each year. The District will notify employees in February of each year of the March 15 deadline. 35 ARTICLE V CONCLUDING PROVISIONS SECTION 1 SAVINGS 1.1 Invalidation: If any provision of this Memorandum of Understanding should be held invalid or outside the scope of bargaining by operation of law or by the final judgment of any court of competent jurisdiction, the remainder of this Memorandum of Understanding shall not be affected thereby. In the event of invalidation of any section of this Memorandum of Understanding, the parties agree to meet and confer within thirty (30) days after such determination for the purpose of arriving at a mutually satisfactory replacement for such section. SECTION 2 APPLICATION 2.1 Waiver: This Memorandum of Understanding states all agreements between the District and those employees represented by the Union and constitutes a clear and unequivocal waiver of any benefit or privilege not specifically stated in this Memorandum of Understanding. 2.2 Practices: Should the District take action to change its practices in subjects within the scope of meet and confer as specified in Government Code Section 3500 et seq. which are not a part of this Agreement, the District agrees to meet and confer before taking such action. SECTION 3 TERM 3.1 Length of Agreement: This Memorandum of Understanding shall remain in full force and effect from May 1, 1994 through April 30, 1997. SECTION 4 DISTRIBUTION OF AGREEMENT 4.1 Shared Cost: Following ratification of this Agreement by both parties herein, said parties shall share equally the cost of preparing and distributing a sufficient number of copies to all members of the bargaining units and designated management personnel. Additionally, the District shall distribute a copy of this Agreement to all new employees covered by the Memorandum of Understanding. 36 SECTION 5 SIGNATURES TO AGREEMENT 5.1 Signatures: Signed and entered into this 20th day of May, 1994 subject to the approval of the respective parties. CENTRA'CA COSTA SANITARY DISTRICT \. L. Paul Morsen &~~~4'~~ Cathry Radin Freitas CENTRAL CONTRA COSTA SANITARY DISTRICT DISTRICT EMPLOYEES' ASSOCIATION, PUBLIC EMPLOYEES' LOCAL NO.1 ~4/~~ AI Cambron ~Lc~~~L Richard Boylan ~Ke~ ~~ ~ah~neY .- Mark Benson ---- ftJd~ 37 CENTRAL CONTRA COSTA SANITARY DISTRICT EMPLOYEES ASSOCIATION - LOCAL #1 ------------------------------------------------------------------------------------------------ Pres/dent Vice President AI Cambron Richard Boylan Secretary Treasurer BIH McEachen Earlene MUDer May 13th, 1994 Mr. Paul Morsen Central Contra Costa Sanitary District 501 9 Imhoff Place Martinez, CA 94553 Paul: This will inform you that the Central Contra Costa Sanitary District Employees' Association has voted to aoorove the proposed 3-year contract offer. Sincerely, ?~ 11~ Rich Boylan (for AI Cambron) Vice President RB: bm cc; John Stallsmith, Local 1 Central Contra Costa Sanitary District 5019 Imhoff Place, Martinez, California 94553-4392 (510) 228-9500 · FAX: (510) 676-7211 ROGER J. DOIA ,. General Manager Chief Ellg',leer KEATON L. AL\f CounM!1 for the District (5/0) 9.11/. /430 May 1, 1 994 JOI'CE E. MURPHl. Secrelarg of the [)i.~lricl Mr. John Stallsmith Public Employees' Union, Local No. 1 P.O. Box 222 Martinez, CA 94553 Dear Mr. Stallsmith: The Central Contra Costa Sanitary District Employees' Association, Public Employees' Union, Local No. 1 (Local 1) and the Central Contra Costa Sanitary District Management Support/Confidential Group and District Management, hereby agree to form a committee of two representatives of Local 1, two representatives of the Management Support Group, and two representatives of District Management to examine issues and make recommendations to implement policies and procedures concerning a drug-free work environment. This shall include accidents as a result of possible drug use, compliance with upcoming federal regulations mandating random drug testing and other drug testing, and education of the District employees, supervisors, and managers on the above issues. The group shall commence meeting during the month of June and shall establish its parameters and objectives at the first meeting. Subsequent meetings will be set by mutual agreement of the parties. Sincerely, L ~:, Paul Morsen M-tY II,,, /99'1 Date' PM:jrr * Recycled Paper HOB Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETING OF May 19,1994 NO. 8. PERSONNEL b. SUBJECT DATE APPOINT DOUG CRAIG TO THE POSITION OF PLANNING DIVISION MANAGER, M-26 ($6174-$7505/Mo.), EFFEC- TIVE JULY 1,1994 M TYPE OF ACTION 4 APPOINT PLANNING DIVISION MANAGER SUBMITTED BY Robert A. Baker, Deputy Chief Engineer INITIATING DEPT.lDIV. Engineering Department/Planning Division ISSUE: Appointment of individuals to management positions requires the approval of the Board of Directors. The Board has indicated that it wishes to review all staff requests to fill vacancies. BACKGROUND: The Planning Division Manager position became vacant on July 20, 1993, due to the resignation of David Williams. As part of fiscal "belt tightening", the Engineering Department left the position unfilled and has operated for the past 1 0 months with the position vacant. Senior staff in the Engineering Department have worked together to share the workload formerly carried by the Planning Division Manager. Six senior staff have taken a special Priority Management training course to facilitate delegation, increase efficiency, and improve project planning. While individual supervision and management performance has improved, the ability of the District to meet Planning Division challenges has still diminished. The vacuum left by the vacancy in the Planning Division Manager position has resulted in schedule slippages, insufficient review and consideration of complex issues, overworked employees, and great difficulty in mobilizing quickly to meet new demands (e.g., AB 1905 tax taking legislation sponsored by the Board of Supervisors). Central San is continuously confronted by numerous and complex political, regulatory, and planning problems. Without a management person with the responsibility to deal with these issues and the time to do so, it has not been possible for existing staff to keep up with these important demands. At the time of the preparation of the Personnel Budget, staff was still committed to finding ways to avoid filling the Planning Division Manager position. The recent difficulty of mobilizing to meet external challenges has resulted in the reluctant conclusion that it is necessary to proceed to fill the position. In light of the Board's desire to avoid outside hiring in these difficult fiscal times, staff proposes to fill the Planning Division Manager position internally. Filling the Planning Division Manager position internally would result in an internal vacancy for a subordinate position. That position would not be filled, so that no increase in employee census would result from this action. The REWEWEDANDRECOMMENDEDFORBOARDAcnON QU 1302A-7/91 RAB CRF APPOINT DOUG CRAIG TO THE POSITION OF PLANNING DIVISION MANAGER, M-26 ($6174-$7505/MO.), EFFECTIVE JULY 1, 1 994 SUBJECT PAGE DATE 2 OF 2 May 10,1994 ultimate increase in cost to the District would be the difference between Division Manager salary and the salary of the subordinate position ultimately left vacant as a result of this action. The Department will achieve offset savings in the FY 1994-95 budget to allow for this modest increase in cost (about $4,000 the first year). Staff recommends appointing Doug Craig, Senior Engineer, to the position of Planning Division Manager, effective July 1, 1994. Mr. Craig has an M.S. in Civil Engineering from Montana State University and 14 years of experience in the water environment field, including eight years at CCCSD. Mr. Craig has had previous experience in contract wastewater treatment plant operation (five years), environmental consulting (three years), and water and wastewater regulation (one year). Mr. Craig has been Project Manager for some of the most challenging recent environmental projects at CCCSD, including the Headworks Facilities Improvement Project and the Ultra Violet Disinfection Project. In addition, Mr. Craig is a member of the CCCSD Work Redesign Steering Committee, where he has shown leadership in advanced management issues. Staff believes that Mr. Craig is well qualified for this position. Staff met with the Board Personnel Committee on May 13, 1994 and reviewed this proposal. RECOMMENDATION: Appoint Doug Craig to the position of Planning Division Manager M-26 ($6174-7505/Mo.) effective July 1, 1 994. C:\WP51 \ENGR\PLNGMGR.PPR 1302B-7/91 Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 oF12 BOARD MEETING OF May 19, 1994 NO. 11. BUDGET AND FINANCE a. SUBJECT DATE May 17, 1 994 TYPE OF ACTION RECEIVE THE 1994-1 995 OPERATIONS AND MAINTENANCE BUDGET BUDGET REVIEW SUBMITTED BY INITIATING DEPT./DIV. Debbie Ratcliff, Controller Administrative/Finance & Accounting ISSUE: The 1994-1995 Operations and Maintenance (O&M) Budget is being submitted for review at the May 19, 1994 Board Meeting, and is scheduled for approval at the June 2, 1994 Board Meeting. BACKGROUND: A rate of $188 is proposed for the 1994-1995 Sewer Service Charge. This represents a $3 or 1.6 percent increase which is comprised of $160 to fund operations and maintenance and $28 towards the funding of capital replacement costs in the Sewer Construction Fund. The O&M portion of the Sewer Service Charge has remained at $160 for three years, due to controlling operating costs. A $160 Sewer Service Charge will generate $22,137,100 to fund operations for 1994-1995, and the additional $28 charge will generate $3,874,000 to fund construction costs. It is proposed that a portion of the O&M savings realized in 1993-1994, be transferred to the Sewer Construction Fund on a one-time basis to help offset a $10,230,000 property tax loss suffered by the District over the past three years including 1994-1995. The following table shows the actual and proposed capital transfers for 1992-1993 through 1994-1995 as well as the property tax loss for those years. Capital Transfers (000 Omitted) Year Cost er Residence Dollar Amount 1992-1993 $ 5 $ 609 1993-1994 25 3,368 1994-1995 28 3.874 Subtotal 7,851 Proposed Transfer of 7 968 O&M Savin s Pro ert Tax Loss $ 3,330 3,410 3490 10,230. * * Total $ 8,819 $10,230. * Does not include potential loss of $750,000 to $2,200,000 from AS 1905. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-7/91 SUBJECT RECEIVE THE 1994-1995 OPERATIONS AND MAINTENANCE BUDGET PAGE 2 OF 12 DATE May 1 7, 1994 The 1994-1995 O&M budgeted expenses total $27,718,169 which exceed the 1993-1994 budgeted expenses of $27,454,661 by $263,508 or 0.96 percent, and exceed the 1993-1994 projected actual expenses of $25,895,853 by $1,822,316 of 7.0 percent. Explanations for significant District-wide expense variances between 1994-1995 budgeted expenses and 1993- 1994 projected actual expenses are provided on the chart included as Attachment III. Total budgeted expenses in the 1994-1995 O&M Budget document are presented by major account categories at the District and Department level. For the first time in 1994-1995, capitalized labor charges are budgeted and charged directly to the capital projects rather than being passed through the O&M Budget due to the methodology used on the new HTE computer system. The amount of capitalized Salaries and Benefits charged directly to the Sewer Construction Fund for 1994-1995 is $3,952,974. The following attachments summarize revenues, expenses and reserves over seven fiscal years as well as variance explanations for both revenue and expense: Attachment I - Attachment II - Attachment III & IV - This attachment summarizes the O&M revenues, expenses, and reserve balances for the seven fiscal years 1988-1989 through the 1994-1995 budget year, and the related Sewer Service Charge rate and Sewer Service Charge equivalent units for each fiscal year. This attachment explains the District-wide revenue account variances between projected 1993-1994 and budgeted 1994-1995. Also for comparative purposes, the variances between the 1994-1995 budget and the 1993-1994 budget are shown. These attachments explain the District-wide expense account variances and Employee Benefits Expense account variances between projected 1993- 1994 and budgeted 1994-1995. Also, for comparative purposes, the variances between the 1994-1995 budget and the 1993-1994 budget are shown. The 1994-1995 benefit rates have been confirmed with the exception of the Qual-Med medical insurance premium, Workers' Compensation experience modification factor, and the retirement rate which may change. Any revisions to the 1994-1995 O&M Budget determined at the May 19, 1994 Board Meeting will be incorporated in the budget to be submitted for approval at the June 2, 1994 Board Meeting, at which the following actions are scheduled: . Conduct a public hearing for the establishment of the 1994-1995 Sewer Service Charge rate. 1302B-7/91 RECEIVE THE 1994-1995 OPERATIONS AND MAINTENANCE BUDGET SUBJECT PAGE 3 OF 12 DATE May 17, 1 994 . Conduct a public hearing for the collection of the 1994-1995 Sewer Service Charges on the County tax rolls. . Conduct a public hearing for the collection of delinquent 1993-1994 Sewer Service Charges on the County tax rolls. . Approve the 1994-1995 O&M Budget, incorporating the established Sewer Service Charge rate. RECOMMENDATION: Review the 1994-1995 O&M Budget and provide District staff with comments and guidance leading to a Sewer Service Charge rate adjustment decision at the June 2, 1994 public hearing. 13028-7/91 ADS/PosPaper# 2/RecO&M. pp z o rt I .. ^^ ^ ^ ~VI N -' ..,.., .., ~ Cl:l " ,.. U).B ... Ol~O!l 0 ell'" 3 ,.. ~ :;. 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Q) U co ~ ] J ~ i i ~ ~ ~ ~ z ~ < Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 3 BOARD MEETING OF May 19,1994 NO. 11. BUDGET AND FINANCE b. REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF-INSURANCE FUND AND APPROVE THE ALLOCATION OF $80,000 TO THE FUND FROM THE 1994-1995 O&M BUDGET DATE Ma 10,1994 SUBJECT TYPE OF ACTION REVIEW SELF- INSURANCE FUND BUDGET FOR FISCAL YEAR 1994-95 SUBMITTED BY INITIATING DEPT.lDIV. Bonnie Allen, Risk Manager Administrative/Risk Management ISSUE: The Self-Insurance Fund (SIF) is to be reviewed each year by the Board of Directors with the staff presenting re-funding recommendations for the up-coming fiscal year. BACKGROUND The 1994-1995 Fiscal Year will be the ninth year of operation for the self- insurance program, established in July 1986. In each of the first four years, $500,000 or more was transferred to the SIF from O&M funds to augment the interest income earned from the invested fund reserves. Beginning with Fiscal Year 1990-91 this funding was omitted because the interest income and favorable loss experience enabled the Fund reserves to grow sufficiently without a contribution from O&M funds. The attached exhibit presents a financial history and projection of the SIF and shows that the total reserves are projected at $5,358,070 for June 30, 1994. This total is $296,021 less than the total Fund reserves of $5,654,091 at the start of the 1993-1994 budget year, and $641,930 under the $6 million target set in 1986. The reasons for the shortfall were the lower interest earned on investments coupled with the higher than budgeted legal expenses on four major liability cases. Interest income on invested Fund reserves during Fiscal Year 1993-1994 is projected at $303,466 down from $321,360 for Fiscal Year 1992-1993. The 1993-1994 budgeted total expenses of $320,000 are projected at $771,487. Staff is not recommending the transfer of funds from the O&M Budget to fully offset this reduction in the projected Fund reserves. For the coming fiscal year, since interest income is expected to continue at lower rates, $285,600 in interest income is budgeted. Expenses have been budgeted at $382,800 for Fiscal Year 1994-1995 as compared to $320,000 budgeted for Fiscal Year 1993-1994. The proposed budget increase of $62,800 anticipates that legal costs will continue at a level higher than was expected during last year's budget planning. The legal expenses budgeted for 1994- 1995 are less than the 1993-1994 projected legal expenses since the final disposition of two major liability cases in the next few months is expected to reduce legal costs during 1994- 1995. RE~EWEDANDRECOMMENDEDFORBOARDAcnON INITIATING DEPT.lDIV. 1302A-7/91 BA PM REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF-INSURANCE FUND AND APPROVE THE ALLOCATION OF $80,000 TO THE FUND FROM THE 1994-1995 O&M BUDGET SUBJECT PAGE DATE OF 3 May 10, 1994 Subrogation recovery of $92,000 was received following litigation of a liability case in the 1993-1994 fiscal year and a subrogation recovery of approximately $125,000 is expected during the 1994-1995 budget. For the Fiscal Year 1994-1995, Staff is recommending that $80,000 from O&M funds be allocated to the Self-Insurance Fund to directly offset some of the legal expenses budgeted for two major liability cases. A portion of the O&M Funds will be recovered in 1994-1995 Fiscal Year as cost reimbursable through the franchise fee. Additions or omissions of O&M funding to the SIF will be recommended in future years if warranted by changes in interest income and/or an adverse loss experience trend. 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